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CLYDE v. BUCHFINCK

Nos. 40839, 40840.

254 N.W.2d 393 (1977)

198 Neb. 586

Ellsworth A. CLYDE et al., Appellants, v. Lloyd BUCHFINCK, Administrator with the will annexed of the Estate of Elizabeth K. Evans, Deceased, et al., Appellees. Alvina AVERY, Appellant, v. Lloyd BUCHFINCK, Administrator with the will annexed of the Estate of Elizabeth K. Evans, Deceased, et al., Appellees.

Supreme Court of Nebraska.

June 8, 1977.

Attorney(s) appearing for the Case

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

Reddish, Curtiss & Moravek, Alliance, for appellees.

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

BRODKEY, Justice.

These are appeals from District Court determinations in two separate cases, which have been consolidated on appeal. In both cases plaintiffs sought to establish rights in personal and mixed property under a will. The District Court sustained demurrers to the petitions, and dismissed them without prejudice. Plaintiffs have appealed, contending that it was error to sustain the demurrers and dismiss the petitions; and that procedural irregularities...

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