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IN RE ESTATE OF SWANSON

No. 36226.

140 N.W.2d 665 (1966)

179 Neb. 834

In the Matter of the ESTATE of Joseph R. SWANSON, Deceased. Bernard WALLMAN, Executor of Joseph R. Swanson, Appellee, v. Joseph R. SWANSON, Jr., David A. Swanson and Paul Swanson, Appellants.

Supreme Court of Nebraska.

March 4, 1966.

Attorney(s) appearing for the Case

Ivan A. Blevens, Seward, for appellants.

Norval Brothers, Seward, Ginsburg, Rosenberg, Ginsburg & Krivosha, Lincoln, for appellee.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ., and KOKJER, District Judge.

SPENCER, Justice.

This is a motion to dismiss an appeal from an order of the district court admitting the last will and testament of Joseph R. Swanson, deceased, to probate. The will was admitted to probate in county court. A motion for summary judgment was sustained in the district court on appeal, the will was admitted to probate, and an appeal was perfected to this court.

The record discloses that Joseph R. Swanson died a resident of Lancaster County, Nebraska...

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