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IN RE SCHULZ'S ESTATE

No. 33576.

66 N.W.2d 557 (1954)

159 Neb. 247

In the Matter of the Application of C. F. Fisher, Executor of the ESTATE of Martin SCHULZ, Deceased, etc. C. F. FISHER, Executor of the Estate of Martin Schulz, Deceased, Appellee, v. Ward W. MINOR, Guardian ad litem for Emma Schultz, Incompetent et al., Appellees, Louis E. Yanda, Respondent, Appellant.

Supreme Court of Nebraska.

November 5, 1954.

Attorney(s) appearing for the Case

Moller R. Johnson, Ravenna, for appellant.

C. J. Mingus, Ravenna, Ward W. Minor, DeWayne Wolf and Barlow Nye, Kearney, for appellees.

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

CARTER, Justice.

This is an action growing out of the sale of real estate by an executor for the purpose of paying the debts of the decedent. After the executor's sale of the real estate had been confirmed, the purchaser refused to pay in the balance of his bid amounting to $15,074.50. The executor applied for an order requiring the purchaser to pay in the amount, or, in the alternative, for a judgment for the amount. The trial court found for the executor and entered...

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