S-20-0668 In re Estate of Nelda M. Akerson, Hamilton Manor Board of Trustees and Hamilton County (Appellants) v. Ronald E. Akerson, Personal Representative of the Estate of Nelda M. Akerson, State of Nebraska (Intervenor)
Hamilton County Court, Hon. Frank J. Skorupa
Attorneys: Andre R. Barry, Jennie A. Kuehner and John F. Zimmer V (Cline Williams Wright Johnson & Oldfather, LLP, for Appellants); Shereece Dendy-Sanders (Office of the Attorney General, for Intervenor/Appellee); Daniel E. Klaus and Timothy C. Clare (Rembolt Ludtke, LLP, for Appellee)
Civil: Construction of a will
Proceedings Below: The county court found a charitable bequest in a will had lapsed and ordered the bequest distributed under the residuary clause.
Issues on Appeal: Whether the county court erred in 1) failing to find the Appellants were the beneficiaries of the bequest; 2) finding that the bequest lapsed when the facility was actively operating on the date of death and there was an agreement in place under which the facility would potentially close at a future date; 3) failing to order distribution of the charitable bequest to Appellants with interest; and 4) ordering distribution of the bequest under the residuary clause of the will.