Bonacum v. Manning

An opinion written by Judge Fawcett in this case may be found in 83 Neb. 417. Upon motion for a rehearing and a diminution of the record it appears that the cause originated in the county court upon application for an order distributing the estate of the deceased, and that an appeal was perfected to the district court from the order made in response thereto. The cause comes here upon the appeal of the bishop of Lincoln from the order of distribution made by the district court.

1. The evidence establishes that about 1871, the testator, by the exercise of a homestead or pre-emption right,…