Berning v. National Bank of Commerce Trust & Savings

This is an action to construe the will of Thomas Sheils, deceased, which established a testamentary trust.

The will in question was drawn January 3, 1925. Thomas Sheils, hereinafter referred to as testator, died June 8, 1933. His will was admitted to probate in Scotts Bluff County. The scrivener spelled the testator’s family name “Shiels” in many places throughout the will. The signature wherever it appears spells the name “Sheils.”

In the first instance, the will gives all of the property to Sarah Elizabeth Sheils, testator’s widow, in trust with power to sell, mortgage, lease, and to convey.…