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IN RE ESTATE OF MARKUS

No. 88-064.

442 N.W.2d 883 (1989)

232 Neb. 947

In re ESTATE OF Clarence Frank MARKUS, Deceased. Edward STENGEL, Personal Representative of the Estate of Clarence Frank Markus, Deceased, Appellee, v. Michael MARKUS and Rosemarie Markus, Appellants.

Supreme Court of Nebraska.

July 21, 1989.

Attorney(s) appearing for the Case

Rollin R. Bailey, of Bailey, Polsky, Cada, Todd & Cope, Lincoln, for appellants.

Michael L. Johnson, of Luebs, Dowding, Beltzer, Leininger, Smith & Busick, Superior, for appellee.

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

WHITE, Justice.

This case originated in the county court for Buffalo County as an action to recover losses sustained by an estate allegedly caused by a breach of duty by the estate's personal representative. The appellants, Michael and Rosemarie Markus, contend that Edward Stengel, the personal representative of the Clarence Frank Markus estate, breached his fiduciary duty by failing to sell real property in an efficient and expeditious manner, thereby causing depletion...

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