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STERNER v. NELSON

No. 43528.

314 N.W.2d 263 (1982)

210 Neb. 358

Gladys Pauline STERNER et al., Appellants, v. Leatha NELSON, Successor Personal Representative of the Estate of Mary Viola Rose, et al., Appellees.

Supreme Court of Nebraska.

January 8, 1982.

Attorney(s) appearing for the Case

Rodney J. Palmer, Ainsworth and William F. Davis, Nebraska City, for appellants.

Truman Clare and Timothy J. Cuddigan of Marks, Clare, Hopkins, Rauth & Cuddigan, Omaha, and Richard Hoch of Hoch & Steinheider, Nebraska City, for appellees.

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

KRIVOSHA, Chief Justice.

The instant case involves the construction of the last will and testament of Oscar Wurtele, deceased. The appellants appeal from a summary judgment entered by the District Court for Otoe County, Nebraska, finding that the nature of the devise and bequest made by Oscar Wurtele to his wife, Mary Viola Wurtele, by his last will and testament was a fee simple absolute. We believe the trial court was correct and affirm the judgment.

As...

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