Ochs v. Makousky

The plaintiff-appellant, Edith Ochs, conservator for the estate of Josephine Castka, a protected person, alleges that the defendant-appellee, Leonard Makousky, “unlawfully took and converted” to his own use and benefit $55,000 of Josephine Castka’s funds. Pursuant to verdict, the district court entered judgment in favor of Makousky. Ochs appealed to the Nebraska Court of Appeals, and we, on our own motion, removed the matter to this court in order to regulate the caseloads of the two courts.

In 1967, Josephine Castka, who was born on April 16, 1901, and her sister Carrie Castka sold their farm…