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IN RE LAST WILL AND TESTAMENT OF TEETERS

No. 42638.

288 N.W.2d 735 (1980)

205 Neb. 576

In re Trust Created by the LAST WILL AND TESTAMENT of John L. TEETERS, Testator. Dorothy Evans WOOD et al., Appellants, v. LINCOLN GENERAL HOSPITAL ASSOCIATION et al., Appellees.

Supreme Court of Nebraska.

February 20, 1980.

Attorney(s) appearing for the Case

Richard H. Williams of Barney & Carter, P. C., Lincoln, for appellants.

Charles D. Humble of Ginsburg, Rosenberg, Ginsburg, Cathcart, Curry & Gordon, Lincoln, for appellees.

Heard before BOSLAUGH, McCOWN, CLINTON and HASTINGS, JJ., and COLWELL, District Judge.

CLINTON, Justice.

The issue on this appeal is, shall the doctrine of cy pres be applied in the case of a charitable trust established by the will of John L. Teeters, or shall the bequest lapse and pass to his residuary legatees. Paragraph XII of the will, which was admitted to probate in the county court of Lancaster County, Nebraska, on October 29, 1946, provided as follows: "I hereby give, bequeath and devise in trust to my Executors named in Paragraph XIV hereof...

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