Legal Opinion · Dissent

McShane v. Cannon

Nebraska Supreme Court

Decided June 12, 1912No. Nos. 16,775, 16,776Published

Appeal from tbe district court for Douglas county : Lee S. Estelle, William A. Redice: and Alexander C. Troup, Judges.

1DissentFawcett, J.

I am unable to concur in the majority opinion, for the reason that I do not think any of the parties are entitled to a review by this court of the judgment entered in the district court.

When the unnamed heirs filed their petition in the county court, for a construction of the will, that court entered an order requiring the parties named in the petition “and any and all other person or persons having or claiming to have any right, title or interest, actual or contingent,” in the estate or in the assets of the estate, either as heir, legatee, beneficiary, trustee, or otherwise, to answer and…

2Cases cited14 opinions

  1. McClure v. MaitlandWest Virginia Supreme Court · 1884
  2. Feder v. FieldIndiana Supreme Court · 1889
  3. Attorney General v. SouleMichigan Supreme Court · 1873
  4. Henry, Lee & Co. v. Cass County Mill & Elevator Co.Supreme Court of Iowa · 1875
  5. Chase v. EvoyCalifornia Supreme Court · 1881

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