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IN RE ESTATE OF NEIL

No. 37903.

191 N.W.2d 448 (1971)

187 Neb. 364

In re ESTATE of Vivian M. NEIL, Deceased. Stanley R. NEIL, surviving husband, Appellant, v. Audrey MASTERSON et al., Appellees.

Supreme Court of Nebraska.

October 29, 1971.

Attorney(s) appearing for the Case

Henry F. Reimer, Center, Leo M. Williams, Bloomfield, Deutsch & Hagen, Thomas H. DeLay, Norfolk, for appellant.

Burbridge & Burbridge, Bloomfield, for appellee.

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

SPENCER, Justice.

This case involves a question as to the inheritance of that portion of the estate of Vivian M. Neil, deceased, remaining after setting over to the surviving husband the property assignable under sections 30-103 and 30-101(4), R.R.S.1943. The surviving spouse claims it should be assigned to him rather than to 21 nieces and nephews of the deceased's adoptive mother. The trial court assigned the property to the nieces and nephews. We affirm.

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