IN RE ESTATE OF SCHMITZ

No. 81-925.

332 N.W.2d 666 (1983)

214 Neb. 28

In re ESTATE OF Elizabeth M. SCHMITZ, deceased. Ava M. SHIELDS, Appellant, v. Ardis E. HINSHAW, Personal Representative of the Estate of Elizabeth M. Schmitz, deceased, Appellee.

Supreme Court of Nebraska.

April 15, 1983.


Attorney(s) appearing for the Case

Sarah Jane Cunningham of Cunningham Law Office, P.C., McCook, for appellant.

Fred T. Hanson of Hanson & Hanson, McCook, for appellee.

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


KRIVOSHA, Chief Justice.

This appeal concerns the last will and testament of Elizabeth M. Schmitz and a certain trust created by the will. Specifically, it concerns whether the provisions creating the trust are void because the trust's termination clause violates the rule against perpetuities. Both the county court of Red Willow County, Nebraska, and the District Court for Red Willow County, Nebraska, found that the provisions in question did not violate the rule...

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