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MULLIKIN v. PEDERSEN

No. 33758.

71 N.W.2d 485 (1955)

161 Neb. 22

Walter R. MULLIKIN, as Trustee In Bankruptcy of Pedersen-Ayars Furniture Company, a co-partnership, Appellant-Cross-Appellee, v. Maysel I. PEDERSEN, Cross-Appellant, and Bankers Life Insurance Company of Nebraska, a Nebraska corporation, Appellees.

Supreme Court of Nebraska.

July 15, 1955.

Attorney(s) appearing for the Case

Donald V. Lowe, North Platte, for appellant.

Maupin & Dent, Richard YV. Satterfield, North Platte, James N. Ackerman, Lincoln, for appellees.

Heard before SIMMONS, C. J., CARTER, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ., and FLORY, District Judge.

BOSLAUGH, Justice.

This is an action in equity to have a trust declared and impressed upon the proceeds of a life insurance policy on the life of Hilbert F. Pedersen, payable to his wife, because as it is claimed the funds used by the insured to satisfy the cost of the insurance were wrongfully obtained by him from the partnership of which he was a member.

Pedersen-Ayars Furniture was organized March 5, 1947, by Hilbert F. Pedersen and Homer R. Ayars of North...

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