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BARKER v. WARDENS & VESTRYMEN OF ST. BARNABAS CH.

No. 35548.

126 N.W.2d 170 (1964)

176 Neb. 327

Joseph BARKER, Jr., Executor of the Estate of Elizabeth A. Barker, Deceased, Appellant, v. The WARDENS AND VESTRYMEN OF ST. BARNABAS CHURCH, Appellees.

Supreme Court of Nebraska.

January 31, 1964.

Attorney(s) appearing for the Case

Kennedy, Holland, DeLacy & Svoboda, J. A. C. Kennedy, Jr., Omaha, for appellant.

Gross, Welch, Vinardi, Kauffman & Schatz, Richard J. Spethman, Omaha, for appellees.

Heard before WHITE, C. J., CARTER, MESSMORE, BOSLAUGH and BROWER, JJ., and ZEILINGER, District Judge.

BROWER, Justice.

Joseph Barker, Jr., executor of the estate of Elizabeth A. Barker, deceased, plaintiff, brought this action against The Wardens and Vestrymen of St. Barnabas Church, defendant, in the municipal court of the City of Omaha, to recover the sum of $1,000, given by plaintiff's decedent to the "St. Barnabas Church New Building Fund" upon the donee having decided to abandon the project, sell the new site purchased by the funds contributed, return the contributions...

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