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FIRST WYOMING BANK, ETC. v. FIRST NAT., ETC.

Nos. 5319, 5320.

628 P.2d 1355 (1981)

FIRST WYOMING BANK, N.A.-CHEYENNE, as Successor Trustee of the Trust under the Last Will and Testament of Charles W. Burdick, Deceased, Appellant (Plaintiff), v. The FIRST NATIONAL BANK AND TRUST COMPANY OF WYOMING, as Executor of the Estate of Margaret Burdick Hewlett, Appellee (Defendant), v. Horace W. HEWLETT, Appellee (Intervenor-Defendant). Margaret Truesdall AYERS, Jane Truesdall Jones, James Truesdall, Katherine Truesdall Crampton, and Burdick Truesdall, Appellants (Intervenors), v. The FIRST NATIONAL BANK AND TRUST COMPANY OF WYOMING, as Executor of the Estate of Margaret Burdick Hewlett, Appellee (Defendant), v. Horace W. HEWLETT, Appellee (Intervenor-Defendant).

Supreme Court of Wyoming.

Rehearings Denied July 2, 1981.

Attorney(s) appearing for the Case

Walter C. Urbigkit, Jr. of Urbigkit & Whitehead, P.C. and Roy Stoddard, Jr., Cheyenne, signed the briefs of First Wyoming Bank, N.A.-Cheyenne. Messrs. Urbigkit and Stoddard appeared in oral argument.

Nick Kalokathis of Lathrop & Uchner, P.C., Cheyenne, signed the brief of First Nat. Bank and Trust Co.; and Carl L. Lathrop appeared in oral argument.

Houston G. Williams of Williams, Porter, Day & Neville, P.C., Casper, signed the brief of Mr. Hewlett and appeared in oral argument.

E. Byron Hirst, Glenn Parker, and Thomas Long of Hirst & Applegate, Cheyenne, signed the brief of Margaret Truesdall Ayers et al. Messrs. Hirst, Parker and Long appeared in oral argument.

Before ROSE, C.J., McCLINTOCK, RAPER, and THOMAS, JJ., and RANCK, D.J.

RAPER, Justice.

This litigation represents an attempt by the remaindermen of a trust to charge the estate of the life beneficiary-trustee for her allegedly wrongful appropriations of trust property. The value of their claims total in excess of five million dollars. The district court found for them on only one claim to the extent of $463,395 plus interest thereon in the amount of $109,043.86. They challenge on appeal the part of the district court's ruling that denied...

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