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PRUSS v. PRUSS

No. S-92-266.

514 N.W.2d 335 (1994)

245 Neb. 521

Albert J. PRUSS et al., Appellants, v. James PRUSS and Rodney L.A. Pruss, Copersonal Representatives of the Estate of Bessie T. Pruss, et al., Appellees.

Supreme Court of Nebraska.

April 8, 1994.

Attorney(s) appearing for the Case

Thomas B. Thomsen, of Sidner, Svoboda, Schilke, Thomsen, Holtorf & Boggy, Fremont, for appellants.

Larry C. Johnson, of Johnson & Vaughan, P.C., Fremont, for appellees.

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

WHITE, Justice.

This appeal arises from an order of the Dodge County District Court in favor of appellees denying appellants' request to have a constructive trust imposed on the estate of Bessie T. Pruss. Appellants contend that Bessie's estate should be distributed pursuant to the mutual and reciprocal wills executed by decedent and her husband in November 1980. We reverse the judgment of the district court and remand the cause for further proceedings.

Bessie...

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