Hilbert v. Benson

GOLDEN, Chief Justice.

In a declaratory judgment action filed by a trustee against a guardian, the district court determined that trustor, Virginia Homig (Homig), possessed capacity and that appel-lee Frederick Harrison (Harrison), trustor’s attorney, did not exert undue influence over her when she executed an irrevocable trust. Hornig’s guardian, appellant William Hilbert (Hilbert), appeals the decision.

We affirm.

ISSUES

Hilbert presents the following issues:

I. Whether the district court’s order of June 29, 1995, incorporating its April 28, 1995, opinion letter constitutes an appeal-able order…