IN RE FISHER'S ESTATE

No. 35089.

113 N.W.2d 625 (1962)

173 Neb. 510

In the Matter of the ESTATE of Anton J. FISHER, Deceased. Ardath D. HOBER, formerly Ardath D. Winans, Appellee, v. E. B. McARDLE, Special Administrator of the Estate of Anton J. Fisher, Deceased, and Edna Christensen, Appellees, State of Nebraska, Appellant.

Supreme Court of Nebraska.

March 16, 1962.


Attorney(s) appearing for the Case

Clarence A. H. Meyer, Atty. Gen., Bernard Packett, Asst. Atty. Gen., for appellant.

Burbridge & Burbridge, Omaha, Tesar & Tesar, Herbert T. White, Omaha, for appellees.

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


BOSLAUGH, Justice.

This is an appeal in a proceeding to probate a lost will. Anton J. Fisher, the testator, died August 15, 1958.

Ardath D. Hober, the appellee, is the proponent. She is the sole beneficiary in the will and is named as executrix. The deceased and Ardath D. Hober were married in 1935 and divorced in 1938.

The State of Nebraska is the appellant and the contestant. While the petition to probate the will was pending, the county court, as...

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