Sterner v. Nelson

210 Neb. 358, 314 N.W.2d 263 (1982)

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Nature of the Case

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Facts

Testator's will left property to his wife '...absolutely, with full power in her to make such disposition of the property as she shall desire'. The will further provided that any of the property remaining after his wife's death was to be distributed to his foster daughter (P) and her children. At the time of the wife's death, none of the property left to her by her husband was remaining in her estate, although there may have been proceeds from its sale. The lower court found that the will devised the property to Testator's wife in fee simple, and granted summary judgment in favor of the personal representative of the wife's estate (D). P appeals.