Burnett v. Maddocks

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Burnett v. Maddocks

Case Number
Call Date
March 31, 2016
Court Number
Case Summary

S-15-712 Roger Jerome Burnett v. Opal Maddocks, Jeffrey Clyde Maddocks (APPELLANT), Larry Prine, Roy Lee Maddocks, John Lynn Akin, Steven Walter Akin, Floyd Prine, and all persons having or claiming any interest in [certain land in Pawnee County, Nebraska]

Pawnee County, Hon. Daniel E. Bryan

Equity: Quiet Title / Will Interpretation

Attorneys: Heather Voegele-Anderson and Brenda K. Smith (Dvorak & Donovan Law Group, LLC)'Eugene L. Hillman (Hillman, Forman, Childers & McCormack)

Proceedings below: Burnett filed a complaint to quiet title of land located in Pawnee County, Nebraska against the defendants listed above. Jeffrey Maddocks was the only defendant who appeared in the matter, and he cross-claimed requesting that the court quiet title to the same land in his favor. After a bench trial, the district court entered judgment on behalf of Burnett and against Maddocks.

Issues: In a quiet title action involving a will, should the court interpret the words of a will according to its plain meaning today or should the court attempt to determine what the testator intended at the time he wrote it?