In Re Trust Under the Last Will & Testament of Scheele

MILLER, Judge.

Susann Kellogg appeals from a summary judgment entered on Lincoln National Bank and Trust Company's petition for construction of the last will and testament of Edwin F. Scheele and for instructions on the disbursement of funds held in a trust created under that will. She raises the following issues on appeal:

1) whether the trial court erred in denying her motion to vacate the summary judgment, which was based on alleged newly discovered evidence;

2) whether the trial court erred in finding that no ademption by satisfaction occurred even though one month prior to his death, the…