S-21-623 In the Matter of the Estate of Walker R. Koetter, Richard A. Koetter, individually and as nominated personal representative of the Estate of Walter R. Koetter (Appellant) v. Debra Myers and Diana K. Wilkinson, Donna S. Friehe, Douglas S. Koetter, Logan Koetter, and Dalton Koetter (Appellees)
Appeal from the District Court for Red Willow County, Judge David W. Urbom
Attorneys: Michael L. Johnson and Jared J. Krejci (Smith, Johnson, Allen, Connick, & Hansen for Appellant) and Lindsay E. Pedersen (for Appellee).
Probate: Contested Will and attorney fees
Proceedings Below: Appellant attempted to probate Decedent’s April 25, 2014, will, but a jury found that Decedent’s April 25, 2014, to not be his last will. After the verdict, Appellant requested attorney fees, which were awarded by the district court. On its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred this case to its docket.
Issue: Appellant makes the following assignments of error: 1) the trial court erred in denying the Appellant’s Motion for Judgment Notwithstanding the Verdict because reasonable minds can draw but one conclusion that the 2014 will was Decedent's valid will; 2) the trial court erred in denying the Appellant's Motion for Directed Verdict at the close of all evidence for the reason stated at 1 above; 3) the trial court erred in denying the Appellant's Motion for Directed Verdict at the close of the Appellee's evidence for the reason stated at 1 above; 4) the evidence is insufficient to support the jury's verdict and the jury verdict is clearly wrong because the 2014 will was Decedent’s valid will; 5) the trial court erred and abused its discretion by allowing a question to and answer by the Appellant’s expert as to a prejudicial text that was not in evidence and by not striking the question and answer from the record and, as a result, should grant a new trial; 6) the misconduct of Appellee in regard to the prejudicial text misled the jury to such a degree that it resulted in an unjust verdict and rises to the level of plain error; 7) the trial court erred in denying the Appellant's Motion for New Trial.
On cross-appeal, Appellee makes the following assignments of error: 1) the trial court erred in authorizing attorney fees when the person nominated as personal representative was not acting in good faith; and 2) the trial court erred in authorizing the attorney fees when the amount was unreasonable and excessive.