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DAVIS v. WIRTH

No. 35759.

131 N.W.2d 718 (1964)

178 Neb. 74

Vera G. DAVIS, Appellant-Cross-Appellee, v. Clement A. WIRTH, Appellee-Cross-Appellant.

Supreme Court of Nebraska.

December 18, 1964.

Attorney(s) appearing for the Case

Hotz, Hotz & Taylor, Omaha, for appellant.

Moran & James, Nebraska City, John Spiller, Seattle, Wash., for appellee.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH and BROWER, JJ., and ROBERT L. SMITH and ROBERT L. FLORY, District Judges.

BOSLAUGH, Justice.

This is an action to construe the will of Joseph T. Wirth, deceased, who died on November 9, 1961. His will was admitted to probate and his estate administered by proceedings in the county court of Otoe County, Nebraska.

The testator was survived by a daughter, Vera G. Davis, and a son, Clement A. Wirth. Theresa Wirth, the wife of the testator, died on January 29, 1957.

Vera G. Davis, the plaintiff, has two children, Wirth P. Davis...

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