In Re the Trusteeship of the Will of Daniels

The opinion of the court was delivered by

Herd, J.:

This case originated as a probate case requiring the construction of two testamentary trusts. Guaranty State Bank & Trust Company (Guaranty), trustee of testamentary trusts established by Vernon E. Daniels, brought this action requesting an interpretation of the wills of Vernon Daniels and Dora Dell Daniels. The district court ruled in favor of the named remaindermen in Vernon Daniels’ will. The Court of Appeals, in an unpublished decision filed February 2, 1990, reversed and held Vernon’s daughter, Dee Ann Roshong, had the power to appoint…