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IN RE ESTATE OF CLARKSON

No. 39529.

226 N.W.2d 334 (1975)

193 Neb. 201

In the Matter of the ESTATE of Joseph D. CLARKSON, Deceased. Evelyn Bell CLARKSON, Appellee, v. FIRST NATIONAL BANK OF OMAHA, successor executor of the Estate of Joseph D. Clarkson, Deceased, Appellant.

Supreme Court of Nebraska.

February 27, 1975.

Attorney(s) appearing for the Case

Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, for appellant.

Erickson, Sederstrom, Johnson & Fortune, Donald H. Erickson, Omaha, for appellee.

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

SPENCER, Justice.

This is an action under section 30-108(2), R.R.S.1943. It involves an election on behalf of an incompetent surviving spouse to either take under or against her husband's will. The District Court vacated an order of the county court electing on behalf of the widow to take the provision made for her in her husband's will. The executor prosecutes this appeal. We affirm.

Joseph D. Clarkson, deceased, married Evelyn Bell Clarkson April 16, 1953...

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