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SCHILDBERG v. SCHILDBERG

No. 89-150.

461 N.W.2d 186 (1990)

John E.F. SCHILDBERG III, William E. Schildberg, Gregory M. Schildberg, Theresa A. Estell, Madonna M. Weidman, and Cynthia L. Tauer, Appellants, v. Dennis SCHILDBERG, As Trustee of the E.F. Schildberg Irrevocable Trust, Appellee. John SCHILDBERG, Plaintiff, v. Dennis SCHILDBERG, Individually and as President of E.F. Schildberg Construction Company, Schildberg Construction Company, Inc., Midwest Rock Products, Inc., Schildberg Stone Products Company, Schildberg's, Inc., Wee Dee, Inc., Sky Lanes Flying Services, Inc., and Other Schildberg Family-owned and Controlled Entities, Defendant.

Supreme Court of Iowa.

Rehearing Denied October 18, 1990.

Attorney(s) appearing for the Case

Ross H. Sidney, Robert Thomson, and Daniel J. Hanson of Grefe & Sidney, Des Moines, for appellants.

R. Jeffrey Lewis, William W. Graham and Steven P. DeVolder of Gamble, Riepe, Webster, Davis & Green, Des Moines, for appellee.

Considered by LARSON, P.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.

LARSON, Justice.

The beneficiaries of a family trust requested that the court remove the trustee on grounds that he had failed to provide annual accounting to the beneficiaries and had created such a climate of acrimony between the trustee and beneficiaries that the effectiveness of the trust, and the trustee's ability to act on behalf of the beneficiaries, were seriously impaired. The district court denied the application to remove the trustee but did order that...

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