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KELLER v. ROGSTAD

No. 16383.

733 P.2d 705 (1987)

112 Idaho 484

Helen H. KELLER, individually and as Personal Representative of the Estate of Ernest L. Keller, Plaintiff-Respondent, v. Kenneth D. ROGSTAD, a single man, and Anna Louise Vendramin, Personal Representative of the Estate of Oscar A. Rogstad, deceased, Defendants, Kenneth D. ROGSTAD, Cross-Plaintiff and Appellant, v. Anna Louise VENDRAMIN, as Personal Representative of the Estate of Oscar A. Rogstad, Cross-Defendant and Respondent. Anna Louise VENDRAMIN, Personal Representative of the Estate of Oscar A. Rogstad, Plaintiff-Respondent, v. Kenneth D. ROGSTAD and Doryne Rogstad, husband and wife, individually and as Trustees of Property for the Use and Benefit of Oscar A. Rogstad, Defendants-Appellants.

Supreme Court of Idaho.

February 12, 1987.

Attorney(s) appearing for the Case

Everett D. Hofmeister, Esq., Coeur d'Alene, for defendants-appellants, Rogstads.

Thomas E. Cooke, Priest River, for plaintiff-respondent Keller.

James F. Judd, and Linda Judd, Post Falls, for plaintiff-respondent Vendramin.

DONALDSON, Justice.

This appeal requires us to review the district court's decision quieting title to certain real property in Helen Keller, and in finding Kenneth and Doryne Rogstad to be trustees of an express trust created by Oscar Rogstad, decedent, for the use and benefit of himself; and, therefore, accountable to Oscar's estate for certain real property and any proceeds from the sale of such property received and retained by them. In particular, we must decide...

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