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IN RE TRUST CREATED BY AUGUSTIN

Nos. A-16-1182 through A-16-1185.

935 N.W.2d 493 (2019)

27 Neb. App. 593

IN RE TRUST CREATED BY Henry F. AUGUSTIN, deceased. Scott Augustin, appellee, v. Kirtus Augustin, Trustee, appellant, and Rocky Augustin, appellee. In re Trust Created by Norval H. Augustin, deceased. Scott Augustin, appellee, v. Rocky Augustin and Kirtus Augustin, individually and as Cotrustees, appellants. In re Trust Created by Henry F. Augustin, deceased. Kirtus Augustin, Trustee, appellant, and Rocky Augustin, appellee, v. Scott Augustin, appellee. In re Trusts Created by Elnora Augustin and Norval H. Augustin, deceased. Kirtus Augustin and Rocky Augustin, individually and as Cotrustees, appellants, v. Scott Augustin, individually and as Cotrustee, appellee.

Court of Appeals of Nebraska.

Filed September 24, 2019.

Attorney(s) appearing for the Case

Richard A. DeWitt and David J. Skalka , of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., Omaha, for appellants.

Jacqueline M. Tessendorf , Columbus, and Ryan G. Tessendorf , of Tessendorf and Tessendorf, P.C., for appellee Scott Augustin.

Riedmann and Bishop, Judges.

I. INTRODUCTION

Brothers Kirtus Augustin and Rocky Augustin were opposing parties to their younger brother, Scott Augustin, in five separate lawsuits filed in the county court for Polk County. Scott was the initiator of two actions in which he sought to terminate family trusts, remove the trustees, order an accounting,...

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