Besch v. Schumacher

Carlson, Judge.

Several grandchildren and great-grandchildren of Mathias Peter Besch (Besch) and Anna C. Besch (Anna), both now deceased, appeal an order of the district court for Butler County, filed April 7,1998, quieting title to a particular tract of land. For the reasons set forth below, we reverse, and remand with directions.

BACKGROUND

The record shows the following facts: On November 10, 1934, Besch died while domiciled in Butler County, Nebraska. Subsequently, Besch’s last will and testament was duly admitted to probate in the county court for Butler County. At the time of Besch’s…