MISCHKE v. MISCHKE

No. S-93-649.

530 N.W.2d 235 (1995)

247 Neb. 752

Martin Julius MISCHKE, Personal Representative of the Estate of Stanley Mischke, Deceased, Appellee, v. Gordon MISCHKE et al., Appellants.

Supreme Court of Nebraska.

April 7, 1995.


Attorney(s) appearing for the Case

Kevin L. Reiner and Steven M. Johnson, of Johnson, Heidepriem, Miner & Marlow, Sioux Falls, SD, and Patrick J. Birmingham, Bloomfield, for appellants.

Larry R. Demerath, of Demerath Law Offices, Valley, for appellee.

WHITE, C.J., CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, and CONNOLLY, JJ.


FAHRNBRUCH, Justice.

In this equity action, Martin Julius Mischke, personal representative of the estate of his brother Stanley Mischke, sought an accounting and return to Stanley's estate of personal and real property he alleges was unlawfully transferred to his brothers Jerome, Gordon, and Cyrus Mischke.

Jerome, Gordon, and Cyrus appeal from the district court's order finding that they hold Stanley's interest in three parcels of real estate in a constructive...

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