S-15-1014 In re Henry B. Wilson, Jr., Revocable Trust
Sherman County County Court, Honorable Tami K. Schendt
Attorneys: Nicole Seckman Jilek, Robert M. Schartz, Thomas J. Malicki (Abrahams Kaslow & Cassman LLP) (Appellant) --- Sheila A. Bentzen & Anthony M. Aerts (Rembolt Ludtke LLP)
Civil: Revocable trust; breach of fiduciary duty
Proceedings Below: Following a trial, the county court ordered Appellees Roseann and Roger removed as Co-Trustees of Henry’s Trust. The Court of Appeals affirmed and held the removal applied to Appellant’s subtrust. Appellees filed a Petition for Further Review which was granted by the Nebraska Supreme Court.
Issues: The Court of Appeals erred by 1) interpreting the county court’s order to mean that the “county court’s removal of Roseann and Roger as Co-trustees and appointment of a successor trustee applied to Henry’s Trust and Lou Ann’s separate subtrust,” 2) exceeding its authority as an appellate court and effectively removing Roseann M. Wilson and Roger A. Wilson as Co-Trustees of the Lou Ann Goding subtrust, even though that issue was not before or considered by the county court, and 3) even considering Appellant Lou Ann Goding’s assignment as error of the county court’s “failing to remove Roseann and Roger as Co-trustees of her subtrust because that issue was raised for the first time on appeal.