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OTOE COUNTY NAT. BANK v. FROELICH

No. 87-991.

448 N.W.2d 917 (1989)

234 Neb. 1

OTOE COUNTY NATIONAL BANK, Appellant, v. William J. FROELICH, Jr., Appellee, Nancy Froelich Berigan, Trustee of the Testamentary Trust of William Joseph Froelich, Deceased, Garnishee-Appellee.

Supreme Court of Nebraska.

December 8, 1989.

Attorney(s) appearing for the Case

Emmett D. Childers, Bellevue, for appellant.

Thurman Gay, Oneill, for garnishee-appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

Otoe County National Bank (Otoe Bank) appeals an order of the district court for Holt County finding that a garnishment brought by the bank must fail because William Joseph Froelich's testamentary trust had never been funded and because no person ever acted as a trustee. We affirm.

Otoe Bank served garnishment papers upon "Nancy Froelich Berigan, Trustee of testamentary trust created within the Estate of William Joseph Froelich, deceased...

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