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IN RE CRISS

No. 85-057.

391 N.W.2d 119 (1986)

223 Neb. 506

In re Testamentary Trust of Clair C. CRISS, Deceased. CREIGHTON UNIVERSITY, Appellee, v. VOLUNTEERS OF AMERICA, INC., Appellant.

Supreme Court of Nebraska.

August 1, 1986.

Attorney(s) appearing for the Case

David L. Hefflinger of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellant.

William J. Riley of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, and Milton R. Abrahams and Frank F. Pospishil of Abrahams, Kaslow & Cassman, Omaha, for appellee.

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

HASTINGS, Justice.

This is the second appearance of this case. The original litigation to construe the trust instrument may be found at 213 Neb. 379, 329 N.W.2d 842 (1983). The critical language of that opinion as it applies to the present appeal is as follows:

The interests of the life income beneficiaries and charities set forth in article II, sections (a), (b), and (c) [section (c) beneficiaries...

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