ELLINGROD v. TROMBLA

No. 34476.

95 N.W.2d 635 (1959)

168 Neb. 264

Polly Anna Ludlow ELLINGROD, Appellant, v. O. D. TROMBLA et al., Appellees.

Supreme Court of Nebraska.

March 27, 1959.


Attorney(s) appearing for the Case

Howard S. Foe, Clifford H. Phillips, Red Cloud, for appellant.

Cline, Williams, Wright & Johnson, Lincoln, William A. Letson, Red Cloud, for appellees.

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


CARTER, Justice.

This is a suit to obtain specific performance of a contract for the sale of real estate. The trial court denied the prayer of plaintiff's petition and the plaintiff has appealed.

The sole question involved is whether a devise of the real estate contained in the will of Mildred Ludlow, the mother of the plaintiff, vested a fee simple title or a life estate with a remainder in her descendants. The devise provided: "To my daughter, Polly Anna...

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