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IN RE ESTATE OF MECELLO

No. S-00-141.

633 N.W.2d 892 (2001)

262 Neb. 493

In re ESTATE OF Helen R. MECELLO, also known as Helen R. Geringer, deceased. Joseph R. Kitta, Appellee and Cross-Appellant, v. George R. Geringer, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

September 7, 2001.

Attorney(s) appearing for the Case

Francis R. Pane and, on brief, Lisa M. Meyer, Omaha, of Gaines, Pansing & Hogan, for appellant.

William Stillmock, Omaha, for appellee.

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

WRIGHT, Justice.

NATURE OF CASE

This is an appeal from the Douglas County Court, which denied the admission to probate of two wills allegedly executed by Helen R. Mecello (Mecello). The proponent of the 1996 will, Joseph R. Kitta (Kitta), offered an initialed copy of the will because the original could not be found. The proponent of the 1991 will, George R. Geringer (Geringer), offered a signed original.

The trial court found that both wills were...

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