WORKMAN v. WORKMAN

No. 35148.

118 N.W.2d 764 (1962)

174 Neb. 471

Dolores Lucille WORKMAN and Dolores Lucille Workman, Guardian of Joseph Workman, Robert Workman, and Francine Workman, Minors, and Joseph Workman, Robert Workman and Francine Workman, Minors by Dolores Lucille Workman, mother and next friend, Dellouise Workman Carroll, Appellants-Cross-Appellees, v. Clara D. WORKMAN, Executrix of the Estate of Lewis M. Workman, deceased; Clara D. Workman, Apartment Supply House, a co-partnership consisting of Clara D. Workman, surviving partner and formerly, Lewis M. Workman, now deceased, Frank M. Workman, Apartments, Inc., a corporation, Capitol Enterprises, Inc., a corporation and Joseph Workman, Appellants-Cross-Appellees, Impleaded with First Continental National Bank & Trust Company (successor to Continental National Bank) as co-trustee of the Workman Trust, Frederick J. Patz, as co-trustee of the Workman Trust, Capitol Investment Co., a corporation, Capitol Land & Investment Co., a corporation, Appellees-Cross-Appellant.

Supreme Court of Nebraska.

December 14, 1962.


Attorney(s) appearing for the Case

Crosby, Pansing, Guenzel & Binning, Perry & Perry, Lincoln, for appellant Dolores Lucille Workman.

Herman Ginsburg, Lincoln, for appellant Clara D. Workman, Ex'x.

Max Kier, Lincoln, for appellants Frank M. Workman and others.

Ralph H. Gillan, Lincoln, for appellee Frederick J. Patz.

Mason, Knudsen, Dickeson & Berkheimer, Woods, Aitken & Aitken, Lincoln, for appellee First Continental National Bank & Trust Co.

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


BROWER, Justice.

This is an appeal from the judgment of the district court for Lancaster County, Nebraska, in an equitable action based on alleged fraud after trial to the court on the merits.

It is the second appearance of the case before this court. Our previous opinion is reported as Workman v. Workman, 167 Neb. 857, 95 N.W.2d 186. We there reviewed the previous decision in which the...

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