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HERMAN EX REL. HERMAN v. HERMAN

No. 26241.

41 P.3d 209 (2002)

136 Idaho 781

Matthew Lee HERMAN, a minor, By and Through Rita HERMAN, his guardian ad litem, Plaintiff-Appellant, v. Althea HERMAN, Defendant-Respondent.

Supreme Court of Idaho, Lewiston, October 2001 Term.

January 18, 2002.

Attorney(s) appearing for the Case

Fitzgerald & Van Idour, Lewiston, for appellant.

Dee, MacGregor, Fales & MacGregor, Grangeville, for respondent.

KIDWELL, Justice.

Matthew Herman (Matthew) brought an action against his mother, Althea Herman (Althea), to compel her to account for federal employee death benefits paid to her for the benefit and support of Matthew. The district court granted Althea's motion for summary judgment, finding that no resulting trust arose to support an order for an accounting. We affirm the district court's grant of Althea's motion for summary judgment.

I.

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