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Abstract

I. In a Contested Probate Case, Will the Failure of Either Party to Introduce Any Evidence Affect the Right to Appeal?

II. Who Are the Proper Parties to an Appeal from a Decree Denying or Granting Probate?

III. To What Extent Is the Following Evidence Admissible in a Contested Probate Case? … A. Declaration of the Testator … B. Expert Medical Opinion. In What Form Should the Questions Be Asked? … C. The Attorney for the Testator … D. The Testator’s Physician … E. The Testator’s Widow. Do the Husband-Wife Disqualification or Privilege Statutes, or the Dead Man Statute Apply? … F. Prior Wills … G. Should the Judge Ever Call a Witness on His Own Motion?

IV. In a Claim against the Estate Arising from an Automobile Accident, Can the Claimant Testify? (This Suggests Dead Man Statute.) Where the Claimant Was a Guest in Deceased’s Car? Where Claimant Was Driver of Other Car? Where Claimant Was Passenger in Other Car? What Effect Does Claim or Proof of Contributory Negligence Have under Waiver Clause of Neb. Rev. Stat. § 25-1202?

V. In a Claim against the Estate, Can the Administrator Counterclaim?

VI. What Is the Obligation of the Administrator to Serve Notice of the Hearings on Creditors?

VII. If the Executor Starts an Action in District Court, Can the Defendant Counterclaim in That Action?

VIII. When Does Distribution to Income Beneficiaries Begin under a Testamentary Trust?

IX. What Happens under a Passive Trust?

X. How Large Should be the Bond of a Corporate Fiduciary?

XI. What Is the Effect of a Testamentary Clause Waiving Bond?

XII. If a Bond Is Required, How Should Premium Be Allocated between Income Beneficiaries and Remaindermen? Should the Will Provide for This?

XIII. Questions Which Arise When the Testator Died, Domiciled in Another State, and There Are Assets in Nebraska … A. Is Nebraska Administration Necessary? … B. To What Extent Do Local Creditors Have Preference to Local Assets? … C. Is a Foreign Decree Admitting a Will to Probate Res Judicata? … D. Should Distribution under an Ancillary Administration Be Made Directly to the Heirs, Legatees, and Devisees, or to the Original Administrator?

XIV. When Do Claims against Estates Draw Interest?

XV. What Is the Effect on the Administrator’s Personal Liability if the Estate Is Not Settled within One Year?

XVI. New Legislation

Paper delivered at the Institute on Probate Administration presented by the University of Nebraska College of Law and the Junior Bar Section of the Nebraska State Bar Association, September 18 and 19, 1959.

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