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IN RE OST'S ESTATE

No. 35302.

119 N.W.2d 68 (1962)

174 Neb. 591

In the Matter of the ESTATE of Gustav OST, Deceased. Frieda LEU, formerly Frieda Bross, Executrix named in the Last Will and Testament of Gustav Ost, Deceased, Appellant, v. J. R. SWENSON, Special Administrator of the Estate of Gustav Ost, Deceased, et al., Appellees.

Supreme Court of Nebraska.

December 28, 1962.

Attorney(s) appearing for the Case

Joseph P. Inserra, Donald S. Krause, Herbert F. Spielhagen, Omaha, for appellant.

Swenson, Erickson & Westering, Wincel C. Nelson, Jr., Omaha, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

CARTER, Justice.

This is an appeal from an order of the district court for Douglas County nonsuiting the appellant for failure to file a petition on appeal from the county court within time.

On April 4, 1961, Gustav Ost died, he then being a resident of Douglas County. On April 7, 1961, a petition for the appointment of an administrator was filed. On May 1, 1961, a petition for the probate of the will of Gustav Ost and for the appointment of the executrix...

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