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GRETCHEN SWANSON FAM. FOUN., INC. v. JOHNSON

No. 39757.

228 N.W.2d 608 (1975)

193 Neb. 641

GRETCHEN SWANSON FAMILY FOUNDATION, INC., a Nebraska Corporation and Gilbert C. Swanson Foundation, Inc., a Nebraska Corporation, Appellees, v. Cecil A. JOHNSON and Gretchen Swanson Pullen, Trustees of the Residuary Trust Created Under the Will of Gilbert C. Swanson, Deceased, et al., Appellees. Swanco Trust Company, a corporation, Intervener-Appellee, County of Douglas, Nebraska, Intervener-Appellant.

Supreme Court of Nebraska.

May 1, 1975.

Attorney(s) appearing for the Case

Donald L. Knowles, County Atty., H. L. Wendt, Deputy County Atty., Omaha, for intervener-appellant.

Alfred G. Ellick of Ellick & Spire, Joseph A. Troia, John Ilich, Omaha, for appellees.

August Ross, Omaha, for intervener-appellee.

Heard before WHITE, C. J., McCOWN, and NEWTON, JJ., COLWELL, District Judge, and KUNS, Retired District Judge.

COLWELL, District Judge.

This is an action for the construction of the last will and testament of Gilbert C. Swanson, deceased, who died testate March 8, 1968, a resident of Douglas County, Nebraska. Intervener County of Douglas, Nebraska, appeals from the judgment of the District Court finding for the plaintiffs that the word "charges" in the second line of Paragraph SECOND of the will includes only funeral expenses and just debts of the decedent and does not include...

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