Nebraska Wesleyan University v. Luce Estate

The facts of this case are not in dispute. Both plaintiff and defendant have claims which have been allowed against *853the Luce estate. Their proper allowance is not questioned. The estate is probably insolvent. Were it not, it is obvious this case would not be here. The majority opinion holds that the claim of the defendant is superior to the claim of the plaintiff, and that defendant’s claim (as well as all other allowed claims) must be paid in full before any payment can be made on plaintiff’s claim.

It must be remembered that this instrument was given in 1921. By the decision In re Estate of…