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CAST v. NATIONAL BANK OF COM. T. & S. ASS'N OF LINCOLN

No. 37212.

183 N.W.2d 485 (1971)

186 Neb. 385

Richard F. CAST, Appellee, v. The NATIONAL BANK OF COMMERCE TRUST & SAVINGS ASSOCIATION OF LINCOLN, Nebraska, Executor, Trustee and Residuary Legatee and Devisee of the Last Will and Testament and Estate of William J. Webermeier, Deceased, Appellant.

Supreme Court of Nebraska.

February 5, 1971.

Attorney(s) appearing for the Case

Samuel Van Pelt, Lincoln, for appellant.

Robert T. Cattle, Jr., Seward, for appellee.

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

CARTER, Justice.

An opinion on the merits of this case was filed on March 27, 1970. Cast v. National Bank of Commerce T. & S. Assn., 185 Neb. 358, 176 N.W.2d 29. Thereafter a reargument was ordered on motion for rehearing and this opinion is in response to the reargument.

The facts in the case are correctly stated in the first opinion. The question here considered is one of law involving...

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