In re Trust of Augustin

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In re Trust of Augustin

Case Number
Court Number
Call Date
March 13, 2018
Case Time
1:30 PM
Case Summary

A-16-1182, A-16-1184, In re Trust of Henry F. Augustin: Kirtus Augustin, trustee (Appellant) v. Scott Augustin

A-16-1183, A-16-1185, In re Trust of  Norval H. Augustin and Elnora Augustin: Rocky Augustin and Kirtus Augustin, co-trustees (appellants) v. Scott Augustin

Polk County, County Judge Stephen R.W. Twiss

Attorneys for Appellant: Richard A. DeWitt and David J. Skalka (Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C.)

Attorneys for Appellee: Jacqueline M. Tessnedorf and Ryan G. Tessendorf (Tessendorf and Tessendorf, P.C.)

Civil Action: Action to remove trustee(s) and terminate family trusts

Action Taken by Trial Court: County court removed the trustees and terminated the family trusts.

Assignment of Error on Appeal: The trustee(s) assign that the county court erred in (1) exercising jurisdiction when a trust beneficiary was not given notice of the proceedings, (2) failing to find Scott was barred from obtaining equitable relief by the doctrine of unclean hands, (3) in removing the trustee(s) and ordering he/they account and deliver trust property to a successor trustee, (4) finding that the trustee(s) committed a serious breach of trust, (5) finding the trustee(s) failed to prudently administer the trusts, (6) finding the trustee(s) violated a duty of loyalty as a trustee, (7) finding the trustee(s) abused his/their control over the affairs of the trusts, (8) terminating the trusts, (9) failing to find an oral agreement to modify the trust, (10) finding Scott has been forced to farm with Rocky and Kirtus, or (11) holding there was insufficient evidence to distribute the property in the trust, (12) in applying Neb. Rev. Stat. § 30-3862(B)(2) and finding that lack of cooperation substantially impaired the administration of the Norval and Elnora trusts, and (13) in finding the trustees abused their majority control over the affairs of the Norval and Elnora trusts.

Case Location
Court Type
County Court
Schedule Code
Panel Text
Riedmann and Bishop, Judges, and Inbody, Judge, Retired