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IN RE ESTATE OF MATTHEWS

No. A-04-022.

702 N.W.2d 821 (2005)

13 Neb. App. 812

In re ESTATE OF Gary Lee MATTHEWS, deceased. Melissa Matthews, Personal Representative of the Estate of Gary Lee Matthews, deceased, appellant, v. Denise Nicole Matthews-Baker, appellee.

Court of Appeals of Nebraska.

August 30, 2005.

Attorney(s) appearing for the Case

Thomas A. Fitch, of Fitch Law Firm, Lincoln, for appellant.

Shannon J. Samuelson, of Law Offices of Richard L. Alexander, Vermillion, SD, for appellee.

IRWIN, SIEVERS, and CASSEL, Judges.

CASSEL, Judge.

INTRODUCTION

Melissa Matthews appeals from an order construing a holographic will and determining that part of the estate passes pursuant to intestacy. The sole devise of the will stated: "I want Melissa to get all proceeds from the money that is left and from all contents in the house." The county court determined that the will did not dispose of the decedent's interest in real estate being purchased under contract and

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