Legal Opinion

Junker v. Carlson

Nebraska Supreme Court

Decided July 6, 2018No. S-17-356PublishedCited by 7 opinions

1Opinion of the CourtCassel, J.

**424 I. INTRODUCTION

A trust's grantors and beneficiaries asserted claims for constructive trusts against other parties who had dealt with the trustee. After a bench trial, the district court dismissed the claims. Because we agree that the claims failed either for lack of proof or because of Neb. Rev. Stat. § 30-38 ,101 (Reissue 2016), which protects third parties dealing in good faith with a trustee, we affirm.

II. BACKGROUND

In 1997, Dale E. Carlson and Carol A. Carlson (collectively Grantors), husband and wife, conveyed certain real estate to a trust known as Mill Creek Trust Company.

*545…

2Cases cited5 opinions

  1. Manker v. MankerNebraska Supreme Court · 2002
  2. Bend v. MarshNebraska Supreme Court · 1945
  3. In re Claims Against Pierce ElevatorNebraska Supreme Court · 2015
  4. O'Connor v. Kearny JunctionNebraska Supreme Court · 2017
  5. Estates at Prairie Ridge Homeowners Assn. v. KorthNebraska Supreme Court · 2017

3Cited by7 opinions

  1. Denali Real Estate, LLC v. Denali Custom Builders, Inc.Nebraska Supreme Court · 2019
  2. In re Estate of AdelungNebraska Supreme Court · 2020
  3. Denali Real Estate v. Denali Custom BuildersNebraska Supreme Court · 2019
  4. Dreesen Enters. v. DreesenNebraska Supreme Court · 2021
  5. In re Estate of AdelungNebraska Supreme Court · 2020

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