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  5. 176 N.W.2d 29 (1970)
 

CAST v. NATIONAL BANK OF COMMERCE TRUST & S. ASS'N

No. 37212.

176 N.W.2d 29 (1970)

185 Neb. 358

Richard F. CAST, Appellee, v. The NATIONAL BANK OF COMMERCE TRUST AND SAVINGS ASSOCIATION OF LINCOLN, NEBRASKA, Executor, Trustee and Residuary Legatee and Devisee of the Last Will and Testament and Estate of William J. Webermeier, Deceased, Appellant.

Supreme Court of Nebraska.

March 27, 1970.

Attorney(s) appearing for the Case

Samuel Van Pelt, Lincoln, for appellant.

Robert T. Cattle, Jr., Seward, for appellee.

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

SPENCER, Justice.

This is an action brought by Richard F. Cast against the executor and residuary trustee to construe the last will and testament of William J. Webermeier. The case was heard on the pleadings and a stipulation of facts. The trial court found for the plaintiff and the defendant perfected an appeal to this court.

The pertinent provisions of the will, which was executed August 4, 1966, are as follows: "II. I give, devise and bequeath to Richard...

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