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MATTER OF TRUST OF KILLIAN

No. 91-1341.

494 N.W.2d 672 (1993)

In the Matter of the TRUST OF the Anne Hamilton KILLIAN Trust Agreement of March 4, 1959, for Benefit of John Richard KILLIAN. Jan B. KILLIAN, Administrator of the Estate of John Richard Killian (Substituted Petitioner for John Richard Killian), Appellant, v. MERCHANTS NATIONAL BANK OF CEDAR RAPIDS and Russell I. Hess, Appellees.

Supreme Court of Iowa.

Rehearing Denied February 18, 1993.

Attorney(s) appearing for the Case

William H. Carmichael and Charles A. Blades of Blades, Carmichael, Rosser & Benz, Cedar Rapids, for appellant.

Patrick M. Roby, Richard S. Fry and Diane Kutzko of Shuttleworth & Ingersoll, P.C., Cedar Rapids, for appellee Merchants Nat. Bank.

James R. Snyder, James A. Gerk and Leonard T. Strand of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellee Hess.

Considered by McGIVERIN, C.J., and HARRIS, SCHULTZ, NEUMAN and SNELL, JJ.

McGIVERIN, Chief Justice.

The main question here involves whether the district court abused its discretion in refusing to vacate an April 30, 1987, probate order that approved the past handling of the John Killian trust by its trustees.

Jan B. Killian, as administrator of John Killian's decedent's estate, appeals from that refusal to vacate. We affirm the district court.

I. Background facts and proceedings. This is yet another appeal concerning...

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