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IN RE ZOELLNER TRUST

No. 44393.

325 N.W.2d 138 (1982)

212 Neb. 674

In re ZOELLNER TRUST. Dorothy Ann WILLIAMS et al., sole beneficiaries under the trust of Charles I. Zoellner, deceased, Appellees, v. NATIONAL BANK OF COMMERCE TRUST AND SAVINGS ASSOCITION, Trustee, Appellant.

Supreme Court of Nebraska.

October 22, 1982.

Attorney(s) appearing for the Case

Gary L. Dolan and Knudsen, Berkheimer, Beam, Richardson & Endacott, Lincoln, for appellant.

John F. Wright and Wright & Simmons, Scottsbluff, for appellees.

Heard before KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ.

HASTINGS, Justice.

The National Bank of Commerce Trust and Savings Association (NBC), a Lincoln, Nebraska, banking institution, had been serving as the trustee under the will of Charles I. Zoellner, deceased. Upon the application of the beneficiaries, it was removed as such trustee by the county court of Scotts Bluff County, which in turn appointed the Scottsbluff National Bank and Trust Company as successor trustee. Upon appeal to the District Court, that action...

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