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202200334 <br />Filed in Hall District Court <br />*** EFILED *** <br />Case Number: D08C1190000365 <br />y Transaction ID: 0014705994 <br />IN THE DISTRICT COURT OF HALL COUNTY, NEBRASK 11/12/2021 02:58:30 PM CST <br />HARVEY E. MILLER, AS PERSONAL ) CASE NO. CI 19-365 <br />REPRESENTATIVE OF THE ESTATE OF ) <br />AUDREY L. HOWARD, DECEASED, ) <br />HARVEY E. MILLER, individually, ) <br />DENISE LARKIN, BYRON MILLER, ) <br />VALERIE GALVAN and GARY O'BERG) ORDER & JUDGMENT <br />) <br />Plaintiffs, ) <br />vs. ) <br />CLAYTON L. GREEN, <br />Defendant. <br />) <br />) <br />) <br />) <br />This matter came on for trial on September 8, 9, and 30, 2021. Plaintiffs appeared <br />with their attorney Michael Johnson. Defendant appeared with his attorney Scott <br />Tingelhoff. Evidence was adduced, written closing arguments submitted, and the matter <br />taken under advisement. Further hearing was held on November 4, 2021, on the parties' <br />cross motions for attorney fees and costs, and additional evidence was adduced in the form <br />of affidavits. <br />Now on this 12th day of November, 2021, the Court hereby FINDS and ORDERS <br />as follows: <br />Plaintiffs bring this action against Defendant Clayton Green, claiming violations of <br />the Nebraska Uniform Power of Attorney Act, Neb. Rev. Stat. §4001 et seq., undue <br />influence, breach of fiduciary duty, and constructive fraud. Plaintiff Harvey Miller was <br />appointed Personal Representative of the estate of his late aunt Audrey Howard <br />("Howard"), who died on July 9, 2018. See Exhibits 9 & 11. The remaining plaintiffs are <br />nieces and nephews of Howard and residuary devisees under her Last Will & Testament <br />dated April 10, 2018. See Exhibit 1, Article V. Plaintiffs seek a constructive trust for real <br />estate purchased by Defendant under a power of attorney for Howard; the recovery of funds <br />they claim Defendant improperly withdrew from Howard's bank accounts; and recovery <br />of a substantial tax liability incurred as a result of the real estate purchase. <br />1 <br />Certified Page 1 of 17 <br />