POLSKY v. CONTINENTAL NATIONAL BANK OF LINCOLN, NEB.

Nos. 15543, 15550.

240 F.2d 732 (1957)

Ruth POLSKY, Appellant, v. CONTINENTAL NATIONAL BANK OF LINCOLN, NEBRASKA, a Corporation, et al., Appellees. Helen BERNSTEIN, Appellant, v. CONTINENTAL NATIONAL BANK OF LINCOLN, NEBRASKA, a Corporation, et al., Appellees.

United States Court of Appeals Eighth Circuit.

January 25, 1957.


Attorney(s) appearing for the Case

G. L. DeLacy and Eugene N. Blazer, Omaha, Neb., for Ruth Polsky, appellant.

Louis E. Lipp, Omaha, Neb. (Fred S. White, Omaha, Neb., with him on the brief), for Helen Bernstein, appellant.

Herman Ginsberg, Lincoln, Neb. (Max Kier, Lincoln, Neb., with him on the brief), for Ella R. Poska, as Surviving Executrix and others, appellees.

Before SANBORN, JOHNSEN and WHITTAKER, Circuit Judges.


JOHNSEN, Circuit Judge.

The will of Morris Polsky, deceased, devised Lots 8 and 14, Block 42, Original Plat of the City of Lincoln, Nebraska, to a trustee, and gave the income of the trust to the testator's wife Rachel, his son Bernard, and his daughter Ruth, during its term, if they continued to survive.

The trust was to have existence for a minimum term of 25 years, from the making of the will. If, however, the wife lived longer, the trust was to continue...

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