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In re Estate of Murphy
Thursday, December 19, 2013
A-12-1001, In re Estate of Marilyn Murphy: Patrick Murphy (Appellant) v. Elaine Clemens, Personal Representative
Holt County, County Judge James J. Orr
Attorney for Appellant: George H. Moyer (Moyer & Moyer)
Attorney for Appellee: Boyd W. Strope (Strope & Gotschall PC, LLO)
Civil Action: Probate--Breach of Fiduciary Duty
Action Taken by Trial Court: The county court denied Patrick Murphy’s petition to surcharge the personal representative.
Assignments of Error on Appeal: Patrick Murphy assigns that the trial court erred by (1) failing to apply ordinary trust principles to the conduct of the personal representative; (2) placing the burden of proof on Patrick Murphy to show that the personal representative’s payment to Arthur D. Emme was excessive; (3) failing to require the personal representative to prove by clear and convincing evidence that her payment to Arthur D. Emme of $22,448.22 was not self-dealing and a conflict of interest; (4) approving the personal representative’s payment of 95.65% of the proceeds from the sale of the decedent’s personal property to Arthur D. Emme; (5) failing to require the personal representative to prove by clear and convincing evidence that she had sold all the items of personal property belonging to the decedent that were worth selling; (6) finding that the personal representative had sold all the items belonging to the decedent that were worth selling; and (7) refusing to receive in evidence Exhibit 80.
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