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IN RE ESTATE OF PICK

No. 37737.

186 N.W.2d 919 (1971)

186 Neb. 828

In the Matter of the ESTATE of Joseph PICK, Incompetent. Willard W. BURNEY, Guardian and all interested parties, Appellees, v. Frank A. PICK, Sr., et al., Appellants, Revived in name of Willard W. Burney, Special Administrator of the Estate of Joseph Pick, Deceased, Appellee.

Supreme Court of Nebraska.

May 14, 1971.

Attorney(s) appearing for the Case

Olds & Reed, Wayne, for appellants.

Paul Robinson, Hartington, Addison & Addison, Wayne, for appellees.

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

WHITE, Chief Justice.

This is an action by a guardian in the district court for authority to execute a renewal extension of an existing mortgage and to pay the interest on it. The issues involved are: First, whether the conditions inserted in a deed to the ward were void because of imposing an illegal restraint on alienation, and second, may the guardian execute a renewal mortgage increasing the indebtedness on the ward's property to include the past interest due...

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