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O'SHEA v. O'SHEA

No. 39038.

214 N.W.2d 486 (1974)

191 Neb. 217

Melba Ann O'SHEA, Appellee, Cross-Appellant, v. John F. O'SHEA and John F. O'Shea, Trustee, Appellants, Cross-Appellees. Melba Ann O'SHEA, Executrix of the Estate of Frank P. O'Shea, Deceased, Appellee, Cross-Appellant, v. John F. O'SHEA and John F. O'Shea, Trustee, Appellants, Cross-Appellees.

Supreme Court of Nebraska.

January 31, 1974.

Attorney(s) appearing for the Case

W. H. Kirwin, Robert M. Harris, Scottsbluff, for appellant.

Wright & Simmons, Scottsbluff, for appellees.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, and NEWTON, JJ., and RONIN, District Judge.

RONIN, District Judge.

Two separate cases involved in this appeal were consolidated for purpose of trial in the District Court for Scotts Bluff County, Nebraska. The plaintiff, Melba Ann O'Shea, hereinafter designated as Melba, brings one of the actions in her capacity as executrix of the estate of Frank P. O'Shea, her deceased husband, against John F. O'Shea individually and in his capacity as trustee of a spendthrift trust in which his brother Frank was the beneficiary...

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