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IN RE ESTATE OF ODINEAL

No. 84-245.

368 N.W.2d 800 (1985)

220 Neb. 168

In re ESTATE OF Lela B. ODINEAL, Deceased. John THOMAS, Personal Representative, and Patrick J. Birmingham, his attorney, Appellants, v. Odineal HILL et al., Appellees.

Supreme Court of Nebraska.

June 7, 1985.

Attorney(s) appearing for the Case

Patrick J. Birmingham, Bloomfield, for appellants.

Thomas H. DeLay of Mueting, DeLay & Stoffer, Norfolk, for appellees Hengstler.

Dennis W. Collins of Jewell, Gatz & Collins, Norfolk, for appellee Odineal Hill.

KRIVOSHA, C.J., WHITE, and HASTINGS, JJ., and CHEUVRONT, District Judge, and COLWELL, District Judge, Retired.

COLWELL, District Judge, Retired.

John Thomas, the nominated personal representative in a will filed by him in the estate of Lela B. Odineal, deceased, Knox County, Nebraska, and his attorney, Patrick J. Birmingham, appeal a court order allowing and denying fees and expenses, and for them to make restitution. Their appeal to the district court was affirmed as modified. We affirm.

Issues not presented here are whether a nominated personal representative is...

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