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COLMAN v. COLMAN FOUNDATION, INC.

No. 41126.

258 N.W.2d 128 (1977)

199 Neb. 263

Clyde COLMAN et al., Appellee, v. COLMAN FOUNDATION, INC., et al., Appellees. Appeal of Lutheran Family and Social Service of Nebraska, Inc., Intervener (two cases). COLMAN FOUNDATION, INC., et al., Appellees, v. Clarence MEYER, Attorney General, Frank Adams, et al., Appellees.

Supreme Court of Nebraska.

October 12, 1977.

Attorney(s) appearing for the Case

Thomas J. Culhane of Erickson, Sederstrom, Johnson & Fortune, Omaha, for intervener-appellant.

Baird, Holm, McEachen, Pedersen, Hamann & Haggart, Omaha, Gary G. Thompson, Beatrice, Ronald R. Brackle, Fairbury, for appellees.

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

BOSLAUGH, Justice.

The Colman Foundation, Inc., is a charitable trust which was established under the will of Andrew H. Colman who died in 1932. From 1933 until 1956, the Foundation operated an orphanage for protestant children at Diller, Nebraska, in accordance with the terms and conditions of the will. In 1956 the trustees determined that it was impractical to continue operation of the orphanage and discontinued its operation.

In 1974 this action was commenced...

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