LOVE v. FAUQUET

No. 37085.

166 N.W.2d 742 (1969)

184 Neb. 250

Margaret Elizabeth Bauer LOVE et al., Appellants, v. Paul E. FAUQUET, Trustee, et al., Appellees.

Supreme Court of Nebraska.

April 4, 1969.


Attorney(s) appearing for the Case

Hotz, Hotz, Moylan & Kellogg, Omaha, for appellants.

Pierson & Pierson, Thomas J. Fitchett, Lincoln, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, SMITH, McCOWN and NEWTON, JJ., and KOKJER, District Judge.


WHITE, Chief Justice.

This is an equity action by remaindermen beneficiaries to set aside a deed, to defendant Stoehr executed by a testamentary trustee under a general unrestricted power of sale granted in the trust instrument. The district court sustained a motion to dismiss at the close of plaintiffs' case. We affirm the judgment of the district court.

The testamentary trust devised the 80-acre farm in trust for the life support and maintenance of Emma...

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