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IN RE ESTATE OF McFAYDEN

No. 88-351.

454 N.W.2d 676 (1990)

235 Neb. 214

In re ESTATE OF Richard J. McFAYDEN, Deceased. Richard E. McFAYDEN and Mary S. McFayden, Copersonal Representatives of the Estate of Richard J. McFayden, Deceased, Appellees and Cross-Appellants, v. Betty Jane SAMPLE, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

May 4, 1990.

Attorney(s) appearing for the Case

James T. Gleason of Stalnaker, Becker, Buresh & Gleason, P.C., Omaha, for appellant.

Charles F. Gotch and David A. Blagg of Cassem, Tierney, Adams, Gotch & Douglas, Omaha, for appellees.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.

FAHRNBRUCH, Justice.

The issue in this appeal is whether a testamentary cash devise to a longtime friend should be reduced by the value of the decedent's inter vivos gifts to that friend.

We hold there should be no reduction in the testamentary cash devise and remand the cause to the district court with instructions.

The operative facts are not in dispute, but only the legal effect of writings by the donor, Richard J. McFayden. For Christmas of 1983...

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