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IN RE ESTATE OF CAIN

No. 37569.

181 N.W.2d 441 (1970)

186 Neb. 159

In the Matter of the ESTATE of Richard M. CAIN, Deceased. Lloyd R. HOLMAN, Proponent-Appellant, v. Lola MORRISON, Objector-Appellee.

Supreme Court of Nebraska.

December 4, 1970.

Attorney(s) appearing for the Case

Ronald Reagan, Bellevue, Francis M. Casey, Plattsmouth, for proponent-appellant.

Lathrop, Albracht & Dolan, Omaha, Atkinson & Kelly, Papillion, for objector-appellee.

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

WHITE, Chief Justice.

This is an appeal from a jury verdict and district court judgment denying probate of a will. The issues raised in the case were testamentary capacity and undue influence. We affirm the judgment of the district court, based on the jury verdict, denying probate of the will.

Richard M. Cain, the testator, was a resident of Sarpy County, Nebraska. He died on March 24, 1968, at the age of 66, leaving an instrument, dated November 5, 1965,...

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