McDill v. McDill
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The Supreme Court affirmed the order of the district court granting summary judgment to Michael McDill on his request that the district court confirm that his brother, Thomas McDill, was excluded as a beneficiary under their deceased mother's trust and dismissing Thomas's counterclaims, holding that there was no error.
Michael, as a trustee of the trust, filed a petition for instructions asking the district court to confirm that Thomas was disinherited from taking under the trust because he violated the trust's no-contest provision. In response, Thomas asserted various counterclaims and requested that Michael be removed as trustee. The district court granted summary judgment in favor of Michael, dismissed Thomas's counterclaims, and denied Thomas's motion to amend. The Supreme Court affirmed, holding that there was no error in the district court's judgment.
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