Otoe County National Bank v. Froelich

Otoe County National Bank (Otoe Bank) appeals an order of the district court for Holt County finding that a garnishment brought by the bank must fail because William Joseph Froelich’s testamentary trust had never been funded and because no person ever acted as a trustee. We affirm.

Otoe Bank served garnishment papers upon “Nancy Froelich Berigan, Trustee of testamentary trust created within the Estate of William Joseph Froelich, deceased, in County Court of Holt County, Nebraska, Estate No. 6272.” To succeed in this garnishment, it was necessary for the bank to prove by a preponderance of…