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BERNING v. NATIONAL BANK OF COMMERCE TRUST & SAV.

No. 35654.

127 N.W.2d 723 (1964)

176 Neb. 856

Thea June BERNING and Dorothy Vanice Sheils Banta Droze, Appellees, v. NATIONAL BANK OF COMMERCE TRUST & SAVINGS, a Corporation, et al., Appellees, Impleaded with Max Marshall Sheils et al., Appellants.

Supreme Court of Nebraska.

April 17, 1964.

Attorney(s) appearing for the Case

Neighbors, Danielson & Van Steenberg, Scottsbluff, for appellants.

Wright, Simmons & Hancock, Olsson & Olsson, Scottsbluff, for appellees.

Heard before WHITE, C. J., and CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ.

SPENCER, Justice.

This is an action to construe the will of Thomas Sheils, deceased, which established a testamentary trust.

The will in question was drawn January 3, 1925. Thomas Sheils, hereinafter referred to as testator, died June 8, 1933. His will was admitted to probate in Scotts Bluff County. The scrivener spelled the testator's family name "Shiels" in many places throughout the will. The signature whereever it appears spells the name "Sheils."

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