In re Trust of Matthews

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In re Trust of Matthews

Case Number
S-21-0507
Call Date
May 24, 2022
Case Time
9:00 AM
Court Number
Douglas
Case Location
Lincoln
Court Type
County Court
Case Summary

S-21-507 Wells Fargo Bank as Trustee of the Matter of Margaret L. Matthews, Revocable Trust v. The Salvation Army, The Visiting Nurse Association of the Midlands d/b/a Visiting Nurse Association (Appellee), and Nebraska Synod of the Evangelical Lutheran Church of America (Appellant).

Appeal from the County Court for Douglas County, Judge Derek R. Vaughn

Attorneys: William J. Lindsay, Jr. and Zachary W. Lutz-Priefert (Gross Welch for Nebraska Synod of the Evangelical Lutheran Church of American for Appellant), Krista M. Eckhoff and Jesse D. Sitz (Baird Holm for Salvation Army and the Visiting Nurse Association of the Midland for Appellees)

Probate:  Trust, Intervention, and Nebraska Religious Association Act

Proceedings Below: The county court overruled Appellant’s Complaint to Intervene and found that Appellant had not met its burden to be a charitable successor.  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 court erred in concluding that the Nebraska Synod was not an appropriate successor to Pella; 2) the court erred in concluding that the Nebraska Synod was not entitled to receipt of Pella’s share of the Matthews assets and should not have been distributed to the Nebraska Synod; 3) the court erred in finding that Pella failed to follow its own requirements for dissolution; 4) the court erred in making a resolution of a doctrinal dispute; and 5) the court failed to properly follow the Nebraska Religious Association’s Act.

Schedule Code
SC