In re Trust of Tuttle

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In re Trust of Tuttle

Additional Case Names
@ 2:30pm
Case Number
A-19-0841)
A-19-0842)
Court Number
York
Call Date
June 9, 2020
Case Time
1:00 PM
Case Summary

A-19-0841 & 19-0842, In the Matter of the Trust of Gale E. Tuttle, Harshman Land Co. v. B & B Family Farms, LLC (appellant)

York County Court, Judge Linda Caster Senff

Attorney for Appellant:  Kelly M. Thomas (Svehla Law Offices, P.C.)

Attorney for Appellee:  Timothy L. Moll (Rembolt Ludtke LLP)

Civil Action:  Modification of a trust

Action Taken by Trial Court:  The county court denied B & B Family Farms’ petition for order of trust administration which sought modification of the trust and granted Harshman Land Co.’s petition requiring retention of Harshman Land Co. as farm manager.

 

Assignments of Error on Appeal:  B & B Family Farms assigns that the county court erred in (1) finding that the statutory requirements for amending the trust were not met, (2) finding that the consents of the known beneficiaries to amend the trust agreement did not represent the interests of all future beneficiaries, (3) finding that the proposed amendment was inconsistent with a material term of the trust, and (4) granting Harshman’s petition and ordering the trust to retain Harshman as manager of the agricultural property held by the trust.

Case Location
Lincoln
Court Type
County Court
Schedule Code
A2
Panel Text
Moore, Chief Judge, Riedmann, and Arterburn, Judges