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In the Matter of the Trust of Bobby Dean Churchill
Natalie Ann Churchill, Appellant.
Attorney for Appellant
William Bracker
Attorney for Appellee
Bradford L. Davis
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Taylor County, Thomas P. Murphy, Judge. AFFIRMED. Considered by Badding, P.J., Langholz, J., and Blane, S.J. Opinion by Langholz, J. (12 pages)
Natalie Churchill appeals the district court’s order interpreting her grandfather’s trust and denying her request to remove the trustee—her aunt, Nancy Churchill. OPINION HOLDS: The district court correctly interpreted the unambiguous terms of trust— Natalie has no interest in the trust income or property until “both” of Churchill’s daughters “are deceased.” The court did not abuse its discretion in refusing to remove Nancy as trustee. And we cannot consider Natalie’s attorney-fees arguments because the district court has not made a final attorney-fee award to Nancy and Natalie never requested fees. We also decline to award Natalie appellate attorney fees.
