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MILLER v. MILLER

No. 40695.

247 N.W.2d 445 (1976)

197 Neb. 171

John H. MILLER et al., Appellants, v. Harold R. MILLER and Eileen Miller, Appellants, Impleaded with Donald M. Miller et al., Appellees.

Supreme Court of Nebraska.

December 8, 1976.

Attorney(s) appearing for the Case

Luebs, Tracy, Dowding, Beltzer & Leininger, Grand Island, for appellants.

Vincent Valentino, Michael J. Murphy, York, Max C. Mankin, Aurora, for appellees.

Heard before SPENCER, BOSLAUGH, NEWTON and BRODKEY, JJ., and BURKE, District Judge.

BOSLAUGH, Justice.

This case involves a controversy concerning the construction of the second paragraph of the will of Edna L. Miller, deceased.

Edna L. Miller died testate on May 29, 1972. The second paragraph of her will, which was admitted to probate on July 25, 1972, provided as follows: "SECOND: I hereby give, devise and bequeath all of my interest in and to the real estate described as: The South 40 acres of the East 120 acres of the Southeast Quarter...

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