IN RE ESTATE OF BERNSTRAUCH

No. 43586.

313 N.W.2d 264 (1981)

210 Neb. 135

In re ESTATE OF Laura BERNSTRAUCH, deceased. SHRINERS HOSPITALS FOR CRIPPLED CHILDREN, Appellant, v. GRAND LODGE OF the ANCIENT, FREE AND ACCEPTED MASONS OF NEBRASKA, Appellee.

Supreme Court of Nebraska.

December 11, 1981.


Attorney(s) appearing for the Case

David B. Smith and Steven H. Heldt of Smith & Smith, Lexington, for appellant.

Eisenhart & Eisenhart, Cambridge, for appellee.

William H. Sherwood, Oxford, pro se, amicus curiae.

Heard before KRIVOSHA, C. J., McCOWN, CLINTON, and WHITE, JJ., and RIST, District Judge.


RIST, District Judge.

This is an appeal from a judgment and decree of the District Court of Furnas County, Nebraska, construing a portion of the last will and testament of Laura Bernstrauch, deceased.

Miss Bernstrauch died September 17, 1978, in Oxford, Nebraska, and her last will and testament was admitted to probate in the county court of Furnas County, Nebraska, on October 23, 1978. Her will contained the following provision: "FIFTH [CHARITABLE DEVISE...

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