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IN RE ESTATE OF PETERSON

No. 84-706.

381 N.W.2d 109 (1986)

221 Neb. 792

In re ESTATE OF Eugenia A. PETERSON, Deceased. Carl A. PETERSON, Appellant, v. James E. ABBOTT and LeRoy Abbott II, Copersonal Representatives of the Estate of Eugenia A. Peterson, Deceased, Appellees.

Supreme Court of Nebraska.

February 7, 1986.

Attorney(s) appearing for the Case

Clark G. Nichols of Winner, Nichols, Douglas & Kelly, Scottsbluff, for appellant.

Robert W. Mullin of Van Steenberg, Brower, Chaloupka, Mullin & Holyoke, Scottsbluff, for appellees.

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

GRANT, Justice.

Eugenia A. Peterson died February 5, 1983. A petition for formal probate of her will was filed in the county court for Scotts Bluff County, Nebraska, and the will was admitted to probate on March 22, 1983. Decedent's husband, Carl Peterson, filed a "Petition for Elective Share" in the probate proceedings in that court on August 3, 1983, in which he elected "pursuant to Nebraska Probate Code Section 30-2317 to take one-half of the augmented estate of...

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