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CONWAY v. COUNTY OF ADAMS

No. 34819.

108 N.W.2d 637 (1961)

172 Neb. 94

James D. CONWAY, Appellee, v. COUNTY OF ADAMS, Nebraska, Appellant.

Supreme Court of Nebraska.

April 21, 1961.

Attorney(s) appearing for the Case

Clarence S. Beck, Atty. Gen., H. G. Hamilton, Asst. Atty. Gen., Donald L. Brock, Adams County Atty., Hastings, for appellant.

Cline, Williams, Wright & Johnson, Richard N. Thompson, Lincoln, Conway & Irons, John N. Marvel, Hastings, for appellee.

Heard before CARTER, MESSMORE, YEAGER, SPENCER and BOSLAUGH, JJ.

YEAGER, Justice.

In order to clarify what was said in the original opinion in this case it is deemed advisable to elucidate the following statement contained in the opinion: "In instances where the instrument creating the trust declares the character of the trust estate, that is, if it is declared to be personal property, and does not conflict with law, the declared intent has binding force and effect." [107 N.W.2d 420].

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