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MILLER v. WESTWOOD

No. 89-228.

472 N.W.2d 903 (1991)

238 Neb. 896

Vivian MILLER, Personal Representative of the Estate of Ervin Foster Getty, Deceased, Appellant, v. Jeffrey Lee WESTWOOD et al., Appellees.

Supreme Court of Nebraska.

August 16, 1991.

Attorney(s) appearing for the Case

Rodney P. Cathcart, of Erickson & Sederstrom, P.C., Lincoln, and Gordon B. Fillman, of Fillman & Brugh, York, for appellant.

Steven E. Guenzel, of Barlow, Johnson, DeMars & Flodman, Lincoln, for appellees.

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

GRANT, Justice.

Plaintiff, Vivian Miller, the guardian and conservator of Ervin Foster Getty, appeals the judgment of the district court denying her request to set aside an installment contract for the sale of farmland executed by Getty on December 9, 1986, prior to Miller's appointment as guardian and conservator. Getty died on November 1, 1990, during the pendency of this appeal, and the action was revived by Miller as personal representative of Getty's estate....

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