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IN RE ESTATE OF CHANEY

No. 87-561.

439 N.W.2d 764 (1989)

232 Neb. 121

In re ESTATE OF Ora A. CHANEY, Deceased. Douglas CHANEY et al., Appellants, v. Lyle J. KOENIG, Personal Representative of the Estate of Ora A. Chaney, Deceased, Appellee.

Supreme Court of Nebraska.

May 12, 1989.

Attorney(s) appearing for the Case

Terry R. Wittler and Shawn D. Renner, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellants.

No appearance for appellee.

John H. Bernstein, Terry L. Fredricks, and Steven J. Kahler, of Dixon & Dixon, P.C., and David A. Beck, Omaha, for creditor Federal Deposit Ins. Corp.

Daniel E. Bryan, of Heinisch & Bryan Law Office, Geneva, for creditor Geneva State Bank.

BOSLAUGH, SHANAHAN, and GRANT, JJ., and KNAPP and ROWLANDS, District Judges.

GRANT, Justice.

This is an appeal from the district court for Fillmore County. Petitioners-appellants Douglas Chaney and Michael Chaney are the two beneficiaries of the Ruth Chaney James testamentary trust. Petitioner-appellant Daniel R. Stogsdill is the successor trustee of the trust. He succeeded to the office of trustee after the death of Ora A. Chaney, who had been named trustee in James' will. A "Stipulation and Joint Motion" was executed by Stogsdill, as representative...

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