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IN RE MARGARET MASTNY REVOCABLE TRUST

No. S-10-431, S-10-432.

794 N.W.2d 700 (2011)

281 Neb. 188

In re MARGARET MASTNY REVOCABLE TRUST. Lynnette Schellpeper et al., appellants and cross-appellees, v. Ernie Mastny, appellee and cross-appellant, and Elkhorn Valley Bank & Trust, Trustee, appellee. In re Emil Mastny Revocable Trust. Lynnette Schellpeper et al., appellants and cross-appellees, v. Ernie Mastny, appellee and cross-appellant, and Elkhorn Valley Bank & Trust, Trustee, appellee.

Supreme Court of Nebraska.

March 4, 2011.

Attorney(s) appearing for the Case

David A. Domina and Anneliese M. Wright , of Domina Law Group, P.C., L.L.O., Omaha, for appellants.

Cassidy V. Chapman for appellee Ernie Mastny.

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

STEPHAN, J.

These consolidated appeals involve a dispute between three sisters and their brother regarding assets held by trusts created by their now-deceased parents. The sisters alleged that their brother was indebted to their parents at the time of the parents' deaths and that the trustee should be required to retain the amount of the debt from the trust assets to be distributed to their brother. The brother, who farmed with his parents, denied that he was indebted...

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