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IN RE TRUST CREATED BY FENSKE

No. S-18-262.

930 N.W.2d 43 (2019)

303 Neb. 430

IN RE TRUST CREATED BY Jack FENSKE, also known as Jack B. Fenske and John B. Fenske, deceased. Jennifer Lea Wheeler and Laura Jean Grace, now known as Laura Jean Wilson, appellants, v. Elkhorn Valley Bank & Trust, Trustee of the Jack Fenske, also known as Jack B. Fenske and John B. Fenske, Revocable Trust, appellee.

Supreme Court of Nebraska.

Filed June 28, 2019.

Attorney(s) appearing for the Case

David P. Wilson and Jonathan M. Brown , Omaha, of Walentine O'Toole, L.L.P., for appellants.

Mark D. Fitzgerald , of Fitzgerald, Vetter, Temple & Bartell, Norfolk, for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

Nebraska has adopted a section of the Uniform Trust Code which allows a court to remove a trustee if removal is requested by all beneficiaries, removal best serves the interests of all beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable replacement trustee is available to serve. That provision is...

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