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HAYS v. JOHNSON

No. 37860.

189 N.W.2d 475 (1971)

187 Neb. 307

Donald R. HAYS, Trustee, Appellee, Cross-Appellant, v. Rollie C. JOHNSON et al., Appellees, Cross-Appellant. Impleaded with John McArthur and Sally A. Hays, Appellants, Cross-Appellees.

Supreme Court of Nebraska.

September 3, 1971.

Attorney(s) appearing for the Case

A. James McArthur, Lincoln, for appellants.

Christensen, Glynn & Hendricks, Lincoln, for Donald R. Hays, Trustee.

Kenneth Cobb, J. S. Berry, Lincoln, for Rollie C. Johnson.

Charles S. Reed, Bellevue, William P. Kelley, Omaha, Pierson, Pierson & Fitchett, Lincoln, for Virginia Reller.

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

BOSLAUGH, Justice.

This is an action to construe the will of Merril R. Reller who died on August 1, 1968. His will was admitted to probate and his estate administered by proceedings in the county court of Lancaster County, Nebraska. The will was executed on June 11, 1968.

The controversy here concerns the Commercial Center which is a tract of land lying north of Cornhusker Highway and west of 40th Street in Lincoln, Nebraska. The Commercial Center includes...

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