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NATIONAL BANK OF COM. T. & S. ASS'N v. CROWELL MEM. H.

No. 36393.

148 N.W.2d 304 (1967)

181 Neb. 341

NATIONAL BANK OF COMMERCE TRUST AND SAVINGS ASSOCIATION, Lincoln, Nebraska, Executor of and Trustee under the Last Will and Testament of Octavia Heimer, Deceased, Appellee, v. CROWELL MEMORIAL HOME, Blair, Nebraska, et al., Appellees, Impleaded with N. Bernard Foutch and Nessa Mollard, Appellants.

Supreme Court of Nebraska.

February 3, 1967.

Attorney(s) appearing for the Case

H. L. Blackledge, Kearney, for Foutch.

Mitchell, Taylor & Beatty, Kearney, for Mollard.

Frederick J. Patz, Lincoln, for National Bank of Commerce.

Mason, Knudsen, Berkheimer & Endacott, Lincoln, Baumfalk, Dalke & Dowding, Beatrice, James W. Hewitt, Nelson, Harding, Acklie, Leonard & Tate, Lincoln, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, SMITH, and McCOWN, JJ., and LYNCH, District Judge.

McCOWN, Justice.

This is an action for the construction and interpretation of a will. The executor, trustee, and charitable beneficiaries are ranged on one side, and two cousins, as heirs-at-law, on the other.

Octavia Heimer died May 25, 1963, and her will was duly admitted to probate on July 2, 1963. The first 13 paragraphs of the will, aside from preliminary recitations and provisions for payment of debts and expenses, contained 11 cash bequests, 4 of them...

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