IN RE ESTATE OF GARFIELD

No. 39398.

222 N.W.2d 369 (1974)

192 Neb. 461

In the Matter of the ESTATE OF Jessie Alwena GARFIELD, Deceased. Margaret LOOMIS, Appellant, v. ESTATE OF Frank B. DAVENPORT, Deceased, Appellee.

Supreme Court of Nebraska.

October 17, 1974.


Attorney(s) appearing for the Case

Blevens, Bartu, Blevens & Jacobs, Seward, for appellant.

George E. McNally, Schuyler, for appellee.

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


BOSLAUGH, Justice.

This is an appeal in a proceeding to contest a paragraph of the will of Jessie Alwena Garfield, deceased. The plaintiff, Margaret Loomis, a residuary beneficiary, alleged the devise and bequest made in paragraph "second" of the will was the result of undue influence. There was no issue concerning due execution of the will or testamentary capacity. At the close of the evidence the trial court sustained the motion of the defendant to admit the will...

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