State Bank & Trust Co. v. Melzark

SIMONETT, Justice.

The beneficiaries of two trusts filed objections to the allowance of the trustee’s accounts and petitioned for surcharge. After trial in county court, the trial judge granted relief as to the trust created in 1969 but denied the objectors’ claims for the trust created in 1972. On appeal to a three-judge district court panel, the county court’s order was reversed on the 1969 trust and affirmed as to the 1972 trust. We granted leave for the objectors to appeal to this court. We affirm the decision on the first trust and reverse on the second.

Rudolph Kemske, a retired New Ulm…