MARTIN v. ULLSPERGER

No. S-11-1066.

822 N.W.2d 382 (2012)

284 Neb. 526

Jerry A. MARTIN and Leonard G. Martin, appellants, v. Anna B. ULLSPERGER, individually, and Lonnie A. Martin, individually, appellees.

Supreme Court of Nebraska.

October 19, 2012.


Attorney(s) appearing for the Case

James R. Welsh and Christopher Welsh , of Welsh & Welsh, P.C., L.L.O., Omaha, for appellants.

Richard H. Hoch , of Hoch, Partsch & Noerrlinger, Nebraska City, for appellees.

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


CONNOLLY, J.

SUMMARY

The parties are the surviving children of Lewis Martin, who died in 1986. Under Lewis' will, they are beneficiaries of a joint life estate interest in farmland. The last surviving child will inherit the remainder interest. The will provided that no life tenant or remainderman could partition the property during the existence of any life tenancy. Through a codicil, Lewis later added a no contest provision, which disinherited any child...

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