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COTTON v. OSTROSKI

No. S-94-937.

554 N.W.2d 130 (1996)

250 Neb. 911

Gary COTTON, Guardian and Conservator of the Estate of Janice Lea Elliott, a protected person, Appellee and Cross-Appellee, v. Renee Elliott OSTROSKI, Appellee and Cross-Appellant, Robbie Elliott, also known as Robert R. Elliott III, a minor, Appellant, and First State Bank, Scottsbluff, Nebraska, a Corporation, Appellee.

Supreme Court of Nebraska.

October 11, 1996.

Attorney(s) appearing for the Case

Randall L. Lippstreu, guardian ad litem, Scottsbluff, for appellant.

George A. Sommer, Scottsbluff, for appellee Cotton.

Paul E. Hofmeister, of Van Steenberg, Chaloupka, Mullin, Holyoke, Pahlke, Smith, Snyder & Hofmeister, P.C., Scottsbluff, for appellee Ostroski.

WHITE, C.J., CAPORALE, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ., and RIST, District Judge.

WRIGHT, Justice.

Robert R. Elliott III (Robbie) appeals the trial court's finding that Janice Lea Elliott lacked the requisite mental capacity to remove her name from a jointly held certificate of deposit and the trial court's order which reinstated Janice's name to the certificate of deposit. Renee Elliott Ostroski cross-appeals.

SCOPE OF REVIEW

An action alleging lack of mental capacity to effect a change in the ownership of a jointly held certificate...

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