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IN RE ESTATE OF FAILLA

No. S-09-170.

773 N.W.2d 793 (2009)

278 Neb. 770

In re Estate of Samuel Joseph FAILLA, Sr., deceased. Samuel J. Failla, Jr., and Lisa A. Failla, husband and wife, and Teresa A. Kresak and Gene Kresak, wife and husband, appellees, v. Diana L. Failla, individually and as Personal Representative of the Estate of Samuel Joseph Failla, Sr., appellant, and Bradley Schweer, Trustee, et al., appellees.

Supreme Court of Nebraska.

October 23, 2009.

Attorney(s) appearing for the Case

Steven J. Riekes and David P. Wilson, of Marks, Clare & Richards, L.L.C., Omaha, for appellant.

William R. Reinsch, of Reinsch, Slattery & Bear, P.C., L.L.O., Plattsmouth, for appellees Samuel J. Failla, Jr., Lisa A. Failla, Teresa A. Kresak, and Gene Kresak.

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

WRIGHT, J.

NATURE OF CASE

Diana L. Failla, as personal representative of the estate of her husband, Samuel Joseph Failla, Sr. (the decedent), sought an order allowing her to sell the real property of the estate to pay administrative costs. The decedent's two children, Teresa A. Kresak and Samuel J. Failla, Jr., as well as their spouses (collectively the children), sought partition of the property. The county court ordered partition and directed that the...

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