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NIEMANN v. ZACHARIAS

No. 37323.

176 N.W.2d 671 (1970)

185 Neb. 450

Ruth NIEMANN and Dean Niemann and Dean Niemann, Administrator with the Will Annexed of the Estate of Alma Hopkins, Deceased, Appellees, v. John T. ZACHARIAS and John Ferneau, Executors of the Estate of Lucy B. Hopkins, Deceased, et al., Appellees, Willis B. Zacharias, Appellant.

Supreme Court of Nebraska.

April 24, 1970.

Attorney(s) appearing for the Case

James F. Begley, Plattsmouth, for appellant.

Kennedy, Holland, DeLacy & Svoboda, Thomas R. Burke, Lyman Larsen, Omaha, for appellees.

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

McCOWN, Justice.

This action is for a declaratory judgment construing a will and determining the persons entitled to the assets of the residual estate of Alma Hopkins, deceased. The district court entered a decree that the residue of the estate of Alma Hopkins, deceased, vested in Ruth Niemann and Dean Niemann equally, share and share alike, to be theirs absolutely in fee simple without condition or limitation. The defendant Willis B. Zacharias has appealed. We affirm...

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