Nebraska Supreme Court

Henry Misle, Cotrustee of the Ben Misle Trust, Appellee and Cross-Appellant v. Julius Misle and Abram Misle…

March 17, 1995247 Neb. 592

Summary

The court affirmed an order requiring two cotrustees to distribute $30,745.59 to a beneficiary who had reached the trust's distribution age. It held that the trustees failed to lay the foundation required for business-records evidence, lacked standing to pursue reimbursement on behalf of the corporation, and were not entitled to attorney fees because the plaintiff-cotrustee did not share the beneficiaries' common interest in the trust. No separate opinions were filed.

Holding

  • Admissibility of the corporate accounting records and related testimony. The district court properly excluded the records and testimony because the proponents failed to establish that the records documented regularly occurring business activities and were made as part of a regular business practice at or near the time of the recorded events.
  • Standing to pursue the reimbursement counterclaim. The defendant cotrustees were not real parties in interest and therefore lacked standing to pursue reimbursement because any claim belonged to the corporation and the cotrustees would not personally benefit from the requested relief.
  • Attorney fees for the plaintiff cotrustee. The plaintiff cotrustee was not entitled to attorney fees because he did not share a common interest in the trust with the beneficiaries and therefore did not satisfy the requirements for awarding fees in a trust-preservation or trust-administration action.

Docket S-93-673

Cited authorities

  • Neb. Rev. Stat. §§ 27-801
  • Neb. Rev. Stat. § 27-803
  • Neb. Rev. Stat. § 25-301

Cited by

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