McDONALD v. McDONALD

No. 42940.

298 N.W.2d 136 (1980)

207 Neb. 217

Leonard M. McDONALD, revived in the name of James R. McDonald, Personal Representative of the Estate of Leonard M. McDonald, Appellee, v. James T. McDONALD and Martha McDonald, Appellants.

Supreme Court of Nebraska.

October 31, 1980.


Attorney(s) appearing for the Case

George H. Moyer, Jr., of Moyer, Moyer & Egley, Madison, for appellants.

Edward E. Hannon of Cronin, Hannon & Symonds, O'Neill, for appellee.

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


KRIVOSHA, Chief Justice:

The appellants, James T. McDonald and Martha McDonald, appeal from a judgment of the District Court for Wheeler County, Nebraska, which found that a certain conveyance made by James' mother, Mary D. McDonald, on December 28, 1974, was procured by undue influence and, accordingly, should be canceled and set aside. We believe that the record will not support such a conclusion and, therefore, we reverse the decision of the trial court.

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