Chalupa v. Chalupa

This is an appeal from an order of summary judgment entered by the district court in favor of defendant, Shirley Chalupa. Plaintiffs, Max Chalupa, Lee Chalupa, and Candy Chalupa, appeal. We removed the case to the docket of the Nebraska Supreme Court pursuant to Neb. Rev. Stat. § 24-1106 (Reissue 1995).

On March 3, 1970, Fred Chalupa executed a document entitled “Irrevocable Trust Agreement,” naming himself as cotrustee and assigning to the trust certain real estate which he owned in Scotts Bluff County, Nebraska (trust property). The beneficiaries of the trust include plaintiffs, the issue of…