IN RE ESTATE OF FOOTE

No. 41903.

279 N.W.2d 614 (1979)

203 Neb. 598

In re Estate of Lorne A. FOOTE, Deceased. Margaret E. SCHISSLER, Appellant, v. Dorothy R. FOOTE, Co-Executrix of the Estate of Lorne A. Foote, Deceased, and James R. McGreevy, Administrator, C.T.A., Appellees.

Supreme Court of Nebraska.

June 5, 1979.


Attorney(s) appearing for the Case

James P. Miller, Bellevue, for appellant.

Harry L. Welch, of Gross, Welch, Vinardi, Kauffman, Day & Langdon, Omaha, for appellees.

Heard before KRIVOSHA, C. J., McCOWN, and BRODKEY, JJ., and RICHLING and CLARK, District Judges.


RICHLING, District Judge.

Lorne A. Foote died on March 3, 1977, leaving a last will and testament which devised a sum to his sister, Mrs. Margaret Foote Schissler, and the remainder to his wife, Dorothy R. Foote. The will named the widow and the sister as co-executrixes, with the provision that should one of them predecease him, or decline for any reason to serve, the other would act alone as executrix.

On March 9, 1977, the sister filed a petition in county...

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