Southwest National Bank v. Sowers

Harman, C.J.:

This is an appeal in a probate proceeding wherein a district court ruled that a spendthrift trust had not been created and it enforced assignments which a legatee son had made of his interest in his father’s estate. The issues are two-fold: (1) Was the assignee bank a proper party to appeal from the probate court’s order of final settlement, and (2) was the beneficiary improperly denied a trial de novo in the district court? We answer the first question in the affirmative and the second in the negative and affirm.

The case had its inception in 1965 with the execution of a joint…