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MARSH v. MARSH

No. 35058.

113 N.W.2d 323 (1962)

173 Neb. 282

Harvey E. MARSH, Individually and as Executor of the Estate of Alfred E. Marsh, Deceased, Appellant, v. Dora MARSH etc., Appellees, Impleaded with Clark LeRoy Marsh and Douglas Harvey Marsh, minor defendants, Appellants.

Supreme Court of Nebraska.

February 9, 1962.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy, Morgan, Pederson & Piccolo, North Platte, F. L. Balderson, Lowell C. Davis, Sidney, for appellants.

Clinton & McNish, Sidney, for appellees.

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

YEAGER, Justice.

In this action, according to the transcript which has come to this court, Harvey E. Marsh, individually and as executor of the estate of Alfred E. Marsh, deceased, filed a petition for a declaratory judgment construing the last will and testament of the deceased. The deceased died February 5, 1959, and the petition was filed November 24, 1959. Harvey E. Marsh is a son of the deceased. Dora Marsh, widow, and Fern Marsh Olsen, daughter of the deceased...

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