In re Trust Created by McGregorAnnotate this Case
The Supreme Court affirmed the decision of the county court declining to approve a nonjudicial settlement agreement, holding that the agreement violated a material purpose of the trust, of which Appellant was a beneficiary.
Appellant, a beneficiary of a trust created by his father, now deceased, filed this action in the county court seeking approval of a trust settlement agreement entered into between Appellant, his mother, and his sister. Appellant further sought an order requiring compliance with the terms of the agreement. The trial court issued an order rejecting the agreement and finding that the agreement was nonbinding under Neb. Rev. Stat. 30-3811. The Supreme Court affirmed, holding that the probate court did not err in finding that the agreement altered a material purpose of the trust and in declining to approve the agreement.