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IN RE ESTATE OF ROSE

No. S-06-078.

730 N.W.2d 391 (2007)

273 Neb. 490

In re Estate of Gerald V. ROSE, deceased. Russell A. Rose, Personal Representative of the Estate of Gerald V. Rose, deceased, appellant, v. Marjorie Jane Hetrick-Rose, appellee.

Supreme Court of Nebraska.

April 26, 2007.

Attorney(s) appearing for the Case

Wayne E. Boyd, of Boyd Law Office, P.C., South Sioux City, for appellant.

Robert W. Green, P.L.C., for appellee.

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

MILLER-LERMAN, J.

NATURE OF CASE

The fundamental issue before the county court for Dakota County in this probate case was the determination of the size of the augmented estate of Gerald V. Rose which would serve as the basis for an award of the statutory elective share to his widow, Marjorie Jane Hetrick-Rose. On December 19, 2005, the county court established a family allowance to Marjorie which reduced the size...

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