In re Trust of Shire

Summary

The Nebraska Supreme Court affirmed the denial of a petition to increase distributions to the trust's surviving lifetime beneficiary. It held that modification under the Nebraska Uniform Trust Code was unavailable because all beneficiaries had not affirmatively consented and the proposed increase would impair the interests of nonconsenting residuary beneficiaries. The court declined to consider the common-law doctrine of deviation because it had not been presented to or decided by the county court.