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AHRENS v. DYE

No. 42798.

293 N.W.2d 388 (1980)

206 Neb. 423

Helen M. AHRENS and Elden Ahrens, wife and husband, Appellees, v. Steven K. DYE et al., Appellants, Impleaded with Karl R. Dye et al., Appellees.

Supreme Court of Nebraska.

June 10, 1980.

Attorney(s) appearing for the Case

Roy I. Anderson and Gregory P. Drew, Blair, for appellants.

David B. Latenser, Omaha, for appellees Ahrens and Karl R. Dye.

Heard before McCOWN and WHITE, JJ., and COLWELL, STANLEY, and SPRAGUE, District Judges.

WHITE, Justice.

This is an appeal from an order of the District Court overruling a motion for new trial. We reverse and reinstate the original judgment.

This appeal arises from an action in partition filed in the District Court for Burt County, Nebraska. By decree dated June 6, 1978, the court confirmed the ownership interests of the real property. The property was owned by John A. Dye, who died testate on June 9, 1974. By the terms of his will, the property...

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