Fischer v. Wilhelm

This is a partition action before this court on motion for rehearing. The original opinion is reported in 139 Neb. 583, 298 N. W. 126.

*449The deceased father owned a real.estate mortgage. The land evidenced by the mortgage was deeded by the mortgagor to the personal representative of the deceased’s estate. This action involves the interest of a son, defendant Henry Wilhelm (hereinafter referred to as appellant), in that it is claimed certain amounts, as set out in the petition, constitute an indebtedness owing by him to the estate. The will provided for deductions to be made out of the interest…