Cheloha v. Cheloha

In this equity action, Sophia Cheloha, as personal representative of the estate of Alphons Cheloha, deceased, filed a third amended petition in the district court, seeking an accounting from Alphons’ brother, Carl C. Cheloha, and Carl’s son, Robert C. Cheloha, as to all transactions they entered into on behalf of Alphons by virtue of a durable power of attorney. Sophia alleged that sums of money expended by Carl and Robert, in their capacities as Alphons’ attorneys in fact, were not solely for the benefit of Alphons. Following a bench trial, the district court entered judgment, finding that…