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PAUL v. McGAHAN

No. 32699.

42 N.W.2d 172 (1950)

152 Neb. 578

PAUL et al. v. McGAHAN et al.

Supreme Court of Nebraska.

March 30, 1950.

Attorney(s) appearing for the Case

G. B. Hastings, Grant, Kirkpatrick & Dougherty, York, for appellants.

V. H. Halligan, North Platte, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.

MESSMORE, Justice.

The plaintiffs brought this action in equity to establish a constructive trust on lands owned by William McGahan at the time of his death; to set aside a conveyance made by the plaintiffs to Bryan T. McGahan, administrator with the will annexed and an heir of the deceased, which conveyance plaintiffs charge he procured by fraud and misrepresentation; and to appoint a testamentary trustee to carry out the provisions of the will of William Mc-Gahan...

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