Legal Opinion

Garwood v. Drake University

Nebraska Supreme Court

Decided June 9, 1972No. 38387PublishedCited by 9 opinions

1Opinion of the CourtNewton, J.

In this action the residuary legatees under the last will and testament of Estella A. McCloud, deceased, contest a cash bequest to Drake University. Judgment was entered for the university and that judgment is affirmed.

The will of testatrix was executed on August 31, 1960, and admitted to probate on April 4, 1969, following the death of testatrix on March 3, 1969. It contained the following provision: “I give and bequeath to the Divinity School of Drake University * * * for scholarship purposes the sum of $10,000.00 * * * .”

Drake University was originally founded as a bible school by the…

2Cases cited5 opinions

  1. Muller v. Nebraska Methodist HospitalNebraska Supreme Court · 1955
  2. Hobbs v. Board of EducationNebraska Supreme Court · 1934
  3. Trute v. SkeedeNebraska Supreme Court · 1956
  4. Board of Trustees of York College v. CheneyNebraska Supreme Court · 1954
  5. National Bank of Commerce Trust & Savings Ass'n v. Crowell Memorial HomeNebraska Supreme Court · 1967

3Cited by9 opinions

  1. In Re Last Will and Testament of TeetersNebraska Supreme Court · 1980
  2. In Re Estate of LindAppellate Court of Illinois · 2000
  3. Shriners Hospitals for Crippled Children v. Grand Lodge of the Ancient, Free & Accepted MasonsNebraska Supreme Court · 1981
  4. University of Nebraska Foundation v. StateNebraska Supreme Court · 2003
  5. In re Estate of AkersonNebraska Supreme Court · 2021

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