MITCHELL v. WILCOX

No. 36029.

139 N.W.2d 293 (1966)

179 Neb. 553

Guy MITCHELL, Esther Walters and James Mitchell, Appellants, v. Vera WILCOX, Donald A. Russell and Warren B. Fowler, Appellees.

Supreme Court of Nebraska.

January 4, 1966.


Attorney(s) appearing for the Case

Aten & Noble, Holdrege, for appellants.

Anderson, Storms & Anderson, Holdrege, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ.


SMITH, Justice.

The principal issue in this declaratory judgment action is the adequacy of the consideration for a real estate conveyance under a power of sale annexed to a devise of a life estate. The district court upheld the transaction, and plaintiffs have appealed.

The subject matter of the conveyance is an apartment house located in Alma, Nebraska. The owner, Margaret M. Wilcox, died on May 11, 1962, leaving a will in which the power of sale was coupled...

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