Nalezinek v. Union Bank & Trust Co.

We are asked to determine how the residue of the estate of Otto A. Eickmeyer (testator) should be distributed. Three of the five devisees named in the residuary clause of the testator’s will predeceased him. Two died without issue. The third was survived by a daughter, appellant Lana Nalezinek. The parties agree that pursuant to the antilapse statute, Neb. Rev. Stat. § 30-2343 (Reissue 1995), Nalezinek is entitled to that portion of the residuary estate specifically devised to her father, Harry Eickmeyer. The single question of law presented for review is whether Nalezinek is also entitled to…