IN RE ESTATE OF BASSETT

No. 38411.

201 N.W.2d 848 (1972)

189 Neb. 206

In the Matter of the ESTATE of Fred BASSETT. Ethel N. BASSETT, Appellee, v. FIRST NATIONAL BANK AND TRUST COMPANY, Executor of the Estate of Fred Bassett, Deceased, and Antoinette Spitznagle, Appellants.

Supreme Court of Nebraska.

November 10, 1972.


Attorney(s) appearing for the Case

Perry, Perry & Witthoff, Lincoln, for appellants.

Gaines, Spittler & Otis, Salvadore Carta, Omaha, for appellee.

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


CLINTON, Justice.

Two closely related questions are presented on this appeal. First, whether a property settlement agreement entered into by the husband and wife in connection with an action for divorce can be given effect as a postnuptial separation agreement barring the wife from a widow's share in the estate of the husband who died 9 days before the decree would have become final. Second, if the property settlement agreement does not of itself bar the rights of...

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