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WALL v. WALL

No. 33366.

59 N.W.2d 398 (1953)

157 Neb. 360

WALL et al. v. WALL et al.

Supreme Court of Nebraska.

July 3, 1953.

Attorney(s) appearing for the Case

Edgerton & Powell, Aurora, for appellants.

Charles F. Adams, Aurora, for appellees.

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

SIMMONS, Chief Justice.

This is an action for the partition of real estate. Plaintiff alleged that he, and nine-named defendants, are the owners of the real estate as tenants in common, basing the title on the will of Augusta P. Eberhard, which provides: "Second: After the payment of the debts and expenses as provided for in the first section hereof, I give and bequeath to my nieces and nephews, share and share alike, any...

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