TIEHEN v. HEBENSTREIT

No. 32780.

42 N.W.2d 802 (1950)

152 Neb. 753

TIEHEN et al. v. HEBENSTREIT et al.

Supreme Court of Nebraska.

May 25, 1950.


Attorney(s) appearing for the Case

John C. Mullen, Omaha, for appellants.

Kennedy, Holland, DeLacy & Svoboda, Omaha, J. R. McGreevy, Omaha, Archibald J. Weaver, John H. Wiltse, Paul P. Chaney, Frank A. Hebenstreit, pro se., all of Falls City, for appellees.

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


SIMMONS, Chief Justice.

This is an action to quiet the title to property based on the proposition that provisions of a will violate the rule against perpetuities. Beneficiaries of the will are made parties. Issues were made and trial was had resulting in a decree denying the relief sought. Plaintiffs appeal. We affirm the judgment of the trial court.

Mary E. Tiehen died testate on May 18, 1948. Mrs. Tiehen, hereinafter referred to as the testatrix, was the...

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