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IN RE ESTATE OF WATSON

No. 83-248.

348 N.W.2d 856 (1984)

217 Neb. 305

In re ESTATE OF Jacqueline WATSON, deceased. Robert WATSON, Appellant, v. Dau'n M. WATSON, Personal Representative, Appellee.

Supreme Court of Nebraska.

May 11, 1984.

Attorney(s) appearing for the Case

Jacobsen, Orr & Nelson, Kearney, for appellant.

Gerald T. Whelan of Whelan, Foote & Scherr, P.C., Hastings, for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.

KRIVOSHA, Chief Justice.

The question presented to us by this appeal is whether the death of one of the parties to a dissolution of marriage during the 6-month waiting period prescribed under the provisions of Neb.Rev.Stat. § 42-372 (Reissue 1978) results in the other party to the dissolution becoming the surviving spouse of the deceased under the provisions of the Nebraska Probate Code, and in particular Neb.Rev.Stat. § 30-2353 (Reissue 1979). Both the...

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