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IN RE ESTATE OF DARLING

No. 84-128.

365 N.W.2d 821 (1985)

219 Neb. 705

In re Trust ESTATE OF Frances Roberts DARLING, Deceased. John David DARLING et al., Appellants, v. Robert J. DUDEN and John R. O'Hanlon, Trustees, Stephen Darling et al., Appellees.

Supreme Court of Nebraska.

April 12, 1985.

Attorney(s) appearing for the Case

Gregory P. Drew, Blair, for appellant John David Darling.

John H. Bernstein of Dixon Dixon & Minahan, P.C., Omaha, for appellants Bruce Darling and Mark Hearn.

Virgil J. Haggart, Jr., of Gaines, Otis, Haggart, Mullen & Carta, Omaha, for appellees.

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

CAPORALE, Justice.

Some of the natural children of the late David H. Darling challenge the district court's affirmance of the county court's ruling that Darling's adopted children should share in the testamentary trust established by the last will and testament of Darling's mother. We affirm.

Darling's mother, Frances Roberts Darling, hereinafter referred to as the testatrix, died testate in 1967. Her will, in pertinent...

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