Nelson v. FIRST NAT. BANK AND TRUST CO. WILLISTON

COLLOTON, Circuit Judge.

The beneficiaries of the Leonard Nelson Trust, Jane Nelson and Bruce Nelson, as well as the trustee, U.S. Bank National Association, N.D. (U.S. Bank), appeal an adverse grant of summary judgment on their North Dakota breach of fiduciary duty claim against the trust’s former trustee, First National Bank and Trust Company of Williston (First National). We affirm the judgment of the district court. 2

I

Leonard Nelson established the Leonard Nelson Trust in 1998, naming First National as trustee. The trust was designed, among other things, to pay the taxes due on his estate,…