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RUDY v. WAGNER

No. 38134.

198 N.W.2d 75 (1972)

188 Neb. 508

Garry E. RUDY and Bonnie J. Rudy, Appellees, v. Warren S. WAGNER et al., Appellants.

Supreme Court of Nebraska.

May 26, 1972.

Attorney(s) appearing for the Case

E. H. Powell, Aurora, John E. Dougherty, York, for appellants.

Adams & Carstenson, Aurora, for appellees.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, and CLINTON, JJ., and COLWELL, District Judge.

McCOWN, Justice.

This was an action for the partition of certain real estate in Hamilton County, Nebraska. The ownership interests involved are dependent upon the construction of a will executed in 1907 by one Matthias Wagner.

Matthias Wagner died testate in 1913, leaving his wife and seven children surviving him. The fourth paragraph of that will is the specific portion directly involved here. It provided: "I give, devise, and bequeath unto my beloved son...

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