[DOWNLOAD] "Estate Rubie Mcclow v. Dallas I. Mcclow" by Supreme Court of Nebraska # Book PDF Kindle ePub Free

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eBook details

• Title: Estate Rubie Mcclow v. Dallas I. Mcclow
• Author : Supreme Court of Nebraska
• Release Date : January 18, 1980
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

Dallas I. McClow, personal representative of the estate of Rubie McClow, has appealed from an order of the District Court for Madison County, Nebraska, finding that Wallace G. Reed and Glenda K. List, children of the deceased, were entitled to receive the unpaid balance owing under a contract for the sale of real estate entered into by the decedent during her lifetime. The specific real estate, an 80-acre tract of land in Madison County, Nebraska, had been devised by the testator to the appellees by a codicil to her will executed July 1, 1969. On November 20, 1974, she sold the land under an installment contract for the sum of $42,000. She died on January 25, 1977, at which time the unpaid principal balance on the contract was $19,800. The personal representative claimed that the unpaid balance and accrued interest are assets of the estate, contending, among other things, that under the common law doctrine of ademption the sale of the real estate constituted a revocation of the specific devise. The appellee takes the position in this court that the common law doctrine has been modified by section 30-2346, R. R. S. 1943, which provides for nonademption as to the unpaid contract balance. The appellant argues that the statute does not apply because it pertains only to sales by a guardian or conservator, taking in eminent domain, and loss by casualty, and not to sales by the testator.

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