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FIRST NATIONAL BANK AND TRUST COMPANY v. FINKBINER

Nos. 3458, 3459

416 P.2d 224 (1966)

FIRST NATIONAL BANK AND TRUST COMPANY OF WYOMING, a corporation, and Becky Boehler, Appellants (Defendants below), v. Donald B. FINKBINER, Harold R. Finkbiner, and Dorothy E. MacDougall, Appellees (Plaintiffs below). Donald B. FINKBINER, Harold R. Finkbiner, and Dorothy E. MacDougall, Appellants (Plaintiffs below), v. FIRST NATIONAL BANK AND TRUST COMPANY OF WYOMING, a corporation, and Becky Boehler, Appellees (Defendants below).

Supreme Court of Wyoming.

July 1, 1966.

Attorney(s) appearing for the Case

Loomis, Lazear, Wilson & Pickett and Frederick G. Loomis, Cheyenne, for appellants and appellees.

Kline & Tilker and Arthur Kline, Cheyenne, for appellees and appellants.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.

Mr. Justice GRAY delivered the opinion of the court.

Plaintiffs, as the remaindermen of an inter vivos trust, commenced an action for a declaratory judgment and other relief against the bank, as trustee, and against Becky Boehler,1 as the life beneficiary, claiming that the trustee was administering the trust in violation of the rights of the remaindermen. The basis of plaintiffs' claim to a large extent is dependent upon the power conferred...

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