Legal Opinion

Applegate v. Brown

Nebraska Supreme Court

Decided March 13, 1959No. 34545PublishedCited by 6 opinions

1Opinion of the CourtSimmons, C. J.

In Brown v. Applegate, 166 Neb. 432, 89 N. W. 2d 233, we had for consideration an appeal from a judgment of the district court affirming an order of the county court admitting the will of Lincoln Clarence Applegate to probate. We affirmed the order of the district court.

In the course of that decision we held: “The right to dispose of property by will at death is favored by the law; it is a valuable right which will be sustained when ever possible. It is the policy of the law to uphold devises and bequests and, if possible, to enforce them consistently with rules of law. A will should not be…

2Cases cited10 opinions

  1. Lacy v. MurdockNebraska Supreme Court · 1946
  2. Sullivan v. SullivanNebraska Supreme Court · 1943
  3. Dennis v. Omaha National BankNebraska Supreme Court · 1951
  4. McDonald v. MungerNebraska Supreme Court · 1936
  5. In Re Applegate's EstateNebraska Supreme Court · 1958

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3Cited by6 opinions

  1. Willers v. WettestadSouth Dakota Supreme Court · 1994
  2. Abbott v. Continental National Bank of LincolnNebraska Supreme Court · 1959
  3. Applegate v. BrownSupreme Court of Missouri · 1961
  4. In re Robert L. McDowell Revocable TrustNebraska Supreme Court · 2017
  5. Talcott v. TalcottDistrict Court of Appeal of Florida · 1982

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