IN RE DOWNEY'S ESTATE

No. 36573.

153 N.W.2d 736 (1967)

182 Neb. 176

In the Matter of the ESTATE of Esther B. DOWNEY, Deceased. Beatrice B. RUNDALL et al., Appellants, v. Dorothy Faye WHITESIDE and Norman Gonderinger, Executors of the Last Will and Testament of Esther B. Downey, Deceased, Appellees.

Supreme Court of Nebraska.

October 27, 1967.


Attorney(s) appearing for the Case

Robert V. Hoagland, Ainsworth, Johnson & Johnson, Gregory, for appellants.

C. Norman Gonderinger, O'Neill, Kennedy, Holland, DeLacy & Svoboda, R. A. Skochdopole, Omaha, for appellees.

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


SMITH, Justice.

The subject for complaint in this probate proceeding is the $3,000 amount fixed for a statutory bond on appeal to the district court. Appellants, who are will contestants, stood on their tender of a $250 bond, and the district court dismissed the appeal. They argue excessiveness and violations of the Nebraska Constitution—due process and the right to be heard in the court of last resort, Art. 1, §§ 3 and 24.

Contestants had...

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