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statutetrustwill
trialtrustwillappellantappellee

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Wahrman v. Wahrman, 243 Neb. 673, 502 N.W.2d 95

Facts

In 1980, Mary Wahrman executed a Declaration of Trust for the benefit of her four sons, designating herself as the trustee. Upon her death in 1985, her sons attempted to transfer the trust property through trustee's deeds, but the Kansas court declared the trust and deeds void, stating that each son owned an undivided one-quarter interest in the estate. John Wahrman subsequently filed an action in Nebraska to quiet title and partition the land, asserting that the Kansas court's decision should be honored.

In 1980, Mary Wahrman, mother of appellees John A., Joe, and Harold Wahrman and appellant Raymond Wahrman, executed an instrument called a “Declaration of Trust” (declaration), which provided that certain real and personal property owned by her was to be held in trust for the benefit of her four sons.

Issue

Whether the trustee's deed which transferred the Red Willow County land from the trust to Raymond Wahrman constitutes a valid conveyance so as to vest sole ownership of the land in him.

Whether the trustee's deed which transferred the Red Willow County land from the trust to Raymond Wahrman constitutes a valid conveyance so as to vest sole ownership of the land in him.

Rule

The primary rule of construction of a trust instrument is that the court must, if possible, ascertain the intention of the creator of the trust. The authority of a trustee is governed not only by the trust instrument but also by statutes and common-law rules pertaining to trusts and trustees.

The primary rule of construction of a trust instrument is that the court must, if possible, ascertain the intention of the creator of the trust.

Analysis

The court found that the successor trustees, Raymond and Joe Wahrman, exceeded their authority by conveying the Red Willow County land solely to Raymond. The trust clearly stated that upon Mary Wahrman's death, the property was to be transferred to the beneficiaries in undivided shares. The court determined that the purported trust and the authority of the successor trustees terminated upon Mary Wahrman's death, and thus the trustee's deeds were invalid.

The court found that the successor trustees, Raymond and Joe Wahrman, exceeded their authority by conveying the Red Willow County land solely to Raymond.

Conclusion

The court affirmed the district court's decision that each of the four brothers owns an undivided one-quarter interest in the Red Willow County land and ordered partition of the property.

We affirm the trial court's determination that each of the four brothers owns an undivided one-quarter interest in the subject land.

Who won?

John Wahrman prevailed in the case because the court upheld the Kansas court's ruling that the trust and the trustee's deeds were void, confirming that each brother owned an equal share of the property.

John Wahrman asserted that, as illustrated by the Kansas court's decision, each of the brothers own an undivided one-quarter share in the Red Willow County land.

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