IN RE ESTATE OF SUTHERLIN

No. S-99-1204.

622 N.W.2d 657 (2001)

261 Neb. 297

In re ESTATE OF Ida Pearl SUTHERLIN, deceased. Nancy E. Pelster, Appellee, v. Carl Sutherlin, Personal Representative of the Estate of Ida Pearl Sutherlin, Appellant.

Supreme Court of Nebraska.

February 23, 2001.


Attorney(s) appearing for the Case

Gregory G. Jensen, of Jensen Law Office, for appellant.

Robert D. Stowell, of Stowell, Kruml & Geweke, P.C., for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.


CONNOLLY, J.

The county court granted summary judgment to remove Carl Sutherlin (Sutherlin) as the personal representative of the estate of Ida Pearl Sutherlin (Ida). The county court held that Sutherlin failed to comply with Neb.Rev.Stat. § 30-2412(c) (Reissue 1995). That statute requires that an applicant for personal representative with priority equal to that of other heirs must obtain the consent of those other heirs to the nomination unless they have renounced...

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