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IN RE TRUST CREATED BY NABITY

Nos. S-13-670, S-13-671.

854 N.W.2d 551 (2014)

289 Neb. 164

IN RE TRUST CREATED BY LaVerne D. NABITY and Evelyn A. Nabity, Grantors. Robert D. Nabity and Mark L. Nabity, appellees, v. Elizabeth Rubek, appellant. In re Guardianship and Conservatorship of Evelyn A. Nabity. Robert D. Nabity, appellee, v. Mary C. Rose, appellant.

Supreme Court of Nebraska.

Filed September 26, 2014.

Attorney(s) appearing for the Case

Lawrence K. Sheehan , of Ellick, Jones, Buelt, Blazek & Longo, L.L.P., Omaha, and, on brief, Nick Halbur , of Thompson Law Office, P.C., L.L.O., for appellants.

Lisa M. Line , of Brodkey, Peebles, Belmont & Line, L.L.P., for appellees.

Hearican, C.J., Wright, Connolly, Stephan, McCormack, Miller-Lerman, and Cassel, JJ.

Wright, J.

I. NATURE OF CASE

These consolidated appeals arise from proceedings involving the appointment of a guardian and conservator for Evelyn A. Nabity and the administration of a trust established for her care. In the appeal from the trust administration proceeding, the issue presented is whether Evelyn was competent to execute amendments to the trust agreement which changed the identity of the trustees. We find that there was clear and convincing evidence...

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