Niemann v. Zacharias

In my opinion, the majority opinion herein rather than construing the will of Alma Hopkins emasculates it by in effect striking the last portion of the second paragraph. This we cannot do. It is our duty to ascertain a testator’s intent and to give effect to that intent if it can legally be done. To do this, we must try to give effect to every part and portion of the will. We said in Elrod v. Heirs, Devisees, etc., 156 Neb. 269, 55 N. W. 2d 673: “Each word and provision of the conveyance must be given such significance as will make effective the intention of the parties.”

We have had a statute…