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IN RE ESTATE OF PETERSON

No. 87-266.

433 N.W.2d 500 (1988)

230 Neb. 744

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

Supreme Court of Nebraska.

December 30, 1988.

Attorney(s) appearing for the Case

Clark G. Nichols, of Winner, Nichols, Douglas, Kelly and Arfmann, P.C., Scottsbluff, for appellant.

William F. Hargens, of McGrath, North, O'Malley & Kratz, P.C., Omaha, for appellees.

HASTINGS, C.J., GRANT, and FAHRNBRUCH, JJ., and HENDRIX and OLBERDING, District Judges.

FAHRNBRUCH, Justice.

The only question this case presents is what rate of interest accrues on a pecuniary devise paid more than 1 year after the appointment of a personal representative.

The county court for Scotts Bluff County found the proper rate of interest to be 12 percent per annum, pursuant to Neb.Rev. Stat. § 45-104 (Reissue 1984). On appeal, the district court reversed, holding that 6 percent per annum interest, as called for by Neb.Rev.Stat...

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