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IN RE ESTATE OF McCARTNEY

No. 81-779.

330 N.W.2d 723 (1983)

213 Neb. 550

In re ESTATE OF Jean F. McCARTNEY, deceased. Kirk McCARTNEY, Personal Representative of the Estate of Jean F. McCartney, deceased, Appellant, v. Shirli Frank McCARTNEY, Appellee.

Supreme Court of Nebraska.

February 25, 1983.

Attorney(s) appearing for the Case

Ray C. Simmons of Ray C. Simmons, P.C., Fremont, for appellant.

Levy & Lazer, Omaha, for appellee.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and MORAN, District Judge.

BOSLAUGH, Justice.

Jean F. McCartney died testate on June 1, 1980, a resident of Dodge County, Nebraska. His will, dated June 3, 1977, which devised his entire estate to his children, Kirk McCartney and Susan Frye, was admitted to probate on August 15, 1980.

On October 10, 1980, Shirli Frank McCartney filed a petition for formal determination of heirship in the county court. The petition alleged that she was married to the deceased at the time of his death...

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