In Re Estate of Brecklein

Prager, J.:

This is a controversy which arose during the administration of an estate, involving the interpretation of a will and the refusal of the district court to appoint a designated testamentary trustee. The testator was Joseph H. Brecklein, who died on June 27, 1979. The adversary parties in the case are Leola Berkley, the appellant, who received a specific bequest under the will and was named trustee of the residual trust, and James Brecklein, the appellee, the grandson of the testator who was a beneficiary under the residual trust.

The basic facts in the case are not really in dispute…