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McCOOK NAT. BANK v. BENNETT

No. S-93-1079.

537 N.W.2d 353 (1995)

248 Neb. 567

McCOOK NATIONAL BANK, a national banking corporation, Appellee, v. Daylene BENNETT, Personal Representative of the Estate of Joseph Edd Case, also known as Edd Case, Appellant.

Supreme Court of Nebraska.

September 22, 1995.

Attorney(s) appearing for the Case

Daylene A. Bennett, pro se.

Stanley C. Goodwin, of Colfer, Wood, Goodwin and Lyons, McCook, for appellee.

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

LANPHIER, Justice.

McCook National Bank (Bank) obtained a judgment lien on real estate owned by Edd Case at the time of his death. The Bank and Daylene Bennett, the personal representative of Case's estate (Personal Representative), disputed whether the Bank could proceed to execute on that real estate. The Personal Representative claimed that the Bank was required to file a claim in the probate proceedings. The real estate was sold by the Personal Representative...

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