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IN RE HRNICEK

No. S-10-192.

792 N.W.2d 143 (2010)

280 Neb. 898

In re Trust of Leo A. HRNICEK, also known as L.A. Hrnicek, M.D., deceased. Adrienne H. Brietzke, appellant, v. First National Bank North Platte, appellee.

Supreme Court of Nebraska.

December 3, 2010.

Attorney(s) appearing for the Case

Paul E. Hofmeister and Joseph A. Kishiyama , of Chaloupka, Holyoke, Hofmeister, Snyder & Chaloupka, P.C., L.L.O., Scottsbluff, for appellant.

John K. Sorensen , of Sorensen, Mickey & Hahn, P.C., Scottsbluff, for appellee.

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

HEAVICAN, C.J.

INTRODUCTION

First National Bank North Platte (FNBNP), as successor trustee of the trust of Leo A. Hrnicek, brought an action seeking to retain proceeds of the trust due to Adrienne H. Brietzke. The county court found Brietzke in contempt and otherwise granted FNBNP's request. Brietzke appeals. The primary issue on appeal is whether FNBNP can recover amounts owed to the trust by a beneficiary by retaining trust proceeds owed to that beneficiary...

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