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IN RE FAMILY TRUST CREATED UNDER AKERLUND

No. S-09-671.

784 N.W.2d 110 (2010)

280 Neb. 89

In re FAMILY TRUST CREATED UNDER the Andrez P. AKERLUND TRUST OF JANUARY 6, 1974. U.S. Bank, N.A., Trustee, appellee, v. Fritz Akerlund, appellant, and Ellen Akerlund Gonella, appellee.

Supreme Court of Nebraska.

June 25, 2010.

Attorney(s) appearing for the Case

Thomas B. Thomsen, of Sidner, Svoboda, Schilke, Thomsen, Holtorf, Boggy, Nick & Placek, Fremont, for appellant.

Donald R. Witt, Christina L. Ball, and Julie M. Karavas, of Baylor, Evnen, Curtiss, Grimit & Witt, L.L.P., Lincoln, for appellee Ellen Akerlund Gonella.

HEAVICAN, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

WRIGHT, J.

NATURE OF CASE

U.S. Bank, N.A., the trustee of the family trust created under the Andrez P. Akerlund Trust of January 6, 1974, sought instruction from the Douglas County Court to determine how the assets of the family trust should be distributed. The court ordered the assets of the family trust divided and distributed equally between Fritz Akerlund and Ellen Akerlund Gonella (Ellen). Fritz appeals,...

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