MATTER OF ESTATE OF UNITT

No. 40779.

250 N.W.2d 644 (1977)

197 Neb. 713

In the Matter of the ESTATE of Philip H. UNITT, Deceased. Dean A. GADE, Administrator with the Will Annexed of Philip H. Unitt, Deceased, and Russell M. Struthers, Executor of the Estate of William G. Unitt, Deceased, et al., Appellants, v. Descendants of Philip H. UNITT, Grandson of Testator Philip H. Unitt, Deceased, Appellees.

Supreme Court of Nebraska.

February 23, 1977.


Attorney(s) appearing for the Case

Blevens, Bartu, Blevens & Jacobs, Russell A. Souchek, Seward, for appellants.

Byron J. Norval, Seward, for appellees.

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


McCOWN, Justice.

This is a proceeding to construe the will of Philip H. Unitt, deceased, to determine title to the real estate described in Item Five of the will. The issue is whether the devise of real estate under Item Five violated the rule against perpetuities. The District Court determined that Item Five was valid and effective, and directed the entry of a decree of distribution accordingly. This appeal followed.

The case was submitted on stipulated facts...

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