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IN RE ESTATE OF McDONALD

No. 39760.

231 N.W.2d 332 (1975)

194 Neb. 221

In the Matter of the ESTATE of Gertie McDONALD, Deceased. Chester A. McDONALD, Appellant, Impleaded with Inez Sorahan, Appellee, v. Michael J. SHAUGHNESSY, Administrator of the Estate of Gertie McDonald, Deceased and Kenneth H. Dryden, Executor of the Estate of Kenneth McDonald, Deceased, Appellees.

Supreme Court of Nebraska.

July 3, 1975.

Attorney(s) appearing for the Case

John S. Mingus of Mingus & Mingus, Ravenna, for appellant.

Michael J. Shaughnessy of Shaughnessy, Shaughnessy & Shaughnessy, St. Paul, Kenneth H. Dryden, Kearney, Luebs, Tracy, Huebner, Dowding & Beltzer, Grand Island, for appellees.

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

WHITE, Chief Justice.

The question in this case arises out of the construction of the will of Edward McDonald, the husband of the decedent, Gertie McDonald. Installment proceeds from the sale on contract of real property devised in the will of Edward McDonald was included in Gertie McDonald's estate by the county court when it was probated. The appellant, one of the decedent's sons, appealed to the District Court requesting that the contract proceeds be removed from...

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