In re Trust of Shire
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The Supreme Court affirmed the ruling of the county court that a modification of the terms of the trust of Jennie Shire was not authorized by the Nebraska Uniform Trust Code where the beneficiaries did not unanimously consent to the modification and the modification would not adequately protect the interests of the nonconsenting beneficiaries.
The trustee of the trust at issue filed a petition for trust proceeding to provide increased disbursements from the trust to the remaining lifetime beneficiary. The county court ruled that the requested modification of the trust was not warranted under Neb. Rev. Stat. 30-3837 and 30-3838. The Supreme Court affirmed, holding (1) the beneficiaries did not unanimously consent to modification; (2) modification would not have adequately protected the nonconsenting beneficiaries; and (3) the county court was not presented with the issue of whether the trust could be modified under the common-law doctrine of deviation, and therefore, the doctrine of deviation was not appropriate for consideration on appeal.
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