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FLETCHER v. MATHEW

No. 87-1116.

448 N.W.2d 576 (1989)

233 Neb. 853

Francis FLETCHER, Personal Representative of the Estate of Blanche Fletcher Petersen, Deceased, Appellee and Cross-Appellant, v. Paul MATHEW, Appellant and Cross-Appellee, First National Bank and Trust Co. of Kearney et al., Appellees.

Supreme Court of Nebraska.

December 1, 1989.

Attorney(s) appearing for the Case

Michael M. O'Brien, of Matthews & Cannon, P.C., Omaha, for appellant.

Terri S. Harder, of Jacobsen, Orr, Nelson & Wright, P.C., Kearney, for appellee Fletcher.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ., and COLWELL, District Judge, Retired.

HASTINGS, Chief Justice.

The defendant Paul Mathew has appealed a judgment of $590,165.04 in favor of Francis Fletcher, personal representative of the estate of Blanche Fletcher Petersen, deceased. This judgment was entered by the district court on plaintiff's petition alleging fraud and undue influence and praying for an accounting.

The gist of plaintiff's action is that Mathew began manipulating Petersen's financial affairs in the early part of 1981. As...

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