Allen v. Dennie

HART, Judge Pro Tern.

Marge Allen appeals from a decision of the district court which affirmed a magistrate’s judgment that Allen was not an intended beneficiary of a trust.1 On appeal, we are asked to decide: (a) whether the instrument creating the trust is ambiguous; (b) whether Allen is an intended beneficiary of the trust; and (c) whether attorney fees should be awarded to the respondents. We affirm the district court’s decision upholding the magistrate’s judgment, but deny the request for attorney fees.

The facts are summarized briefly. Thomas S. Turner had three nieces; Mary, Lynn, and…