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IN RE ESTATE OF GLOE

No. 39196.

215 N.W.2d 98 (1974)

191 Neb. 395

In the Matter of the ESTATE of Clara GLOE, Deceased. Robert SPINAR, Proponent and Appellant, v. Viola WALL et al., Contestants and Appellees.

Supreme Court of Nebraska.

February 28, 1974.

Attorney(s) appearing for the Case

Herman Ginsburg, Lincoln, Jack L. Craven, Crete, for appellant.

Steinacher & Vosoba, Wilber, for appellees.

Heard before WHITE, C. J., SPENCER, BOSLAUGH, McCOWN, NEWTON, and CLINTON, JJ., and HASTINGS, District Judge.

McCOWN, Justice.

This is an action to contest the admission of a will to probate. Nephews and nieces alleged a lack of testamentary capacity, and undue influence exerted upon the testatrix. The will was admitted to probate in county court. The contestants appealed to the District Court. On trial in the District Court, the issues of testamentary capacity and undue influence were submitted to the jury. The jury found Item V, the residual provision, invalid because of...

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