IN RE TIPTON'S ESTATE

No. 35099.

113 N.W.2d 644 (1962)

173 Neb. 520

In the Matter of the ESTATE of Goldie TIPTON, Deceased. Agnes MUSE, Neva Proctor, and Arthur G. Watson, Appellants, v. B. W. STEWART et al., Appellees.

Supreme Court of Nebraska.

March 16, 1962.


Attorney(s) appearing for the Case

McCown & Baumfalk, Beatrice, for appellants.

Clarence C. Kunc, Wilber, George H. Miller, Sedalia, Mo., Wilbert Sunderwirth, Eldorado Springs, Mo., for appellees.

B. W. Stewart, Beatrice, amicus curiae.

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


SPENCER, Justice.

This is an appeal from a judgment probating a lost will. The pertinent facts disclosed by the record may be summarized as follows: On October 8, 1958, Goldie Tipton, hereinafter referred to as decedent, a resident of Gage County, executed a last will and testament in the law office of B. W. Stewart, in the presence of B. W. Stewart and his secretary. At the time of the execution of the will, an original copy of a postnuptial agreement between the...

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