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IN RE ESTATE OF EICKMEYER

No. S-00-158.

628 N.W.2d 246 (2001)

262 Neb. 17

In re ESTATE OF Otto A. EICKMEYER, deceased. Lana Nalezinek, Appellant, v. Union Bank And Trust Company of Lincoln, Nebraska, Personal Representative of the Estate of Otto A. Eickmeyer, deceased, et al., Appellees.

Supreme Court of Nebraska.

June 22, 2001.

Attorney(s) appearing for the Case

Don R. Janssen and Jolene M. Papa, of Cline, Williams, Wright, Johnson & Oldfather, Lincoln, for appellant.

John C. Hurd and Fred B. Campbell, Jr., of Wolfe, Snowden, Hurd, Luers & Ahl, Omaha, for appellee Erma Schwartz.

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

STEPHAN, Justice.

We are asked to determine how the residue of the estate of Otto A. Eickmeyer (testator) should be distributed. Three of the five devisees named in the residuary clause of the testator's will predeceased him. Two died without issue. The third was survived by a daughter, appellant Lana Nalezinek. The parties agree that pursuant to the antilapse statute, Neb.Rev. Stat. § 30-2343 (Reissue 1995), Nalezinek is entitled to that portion of the residuary...

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