Clarkson v. First National Bank

226 N.W.2d 334 (1975)

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Clarkson v. First National Bank

Nebraska Supreme Court
226 N.W.2d 334 (1975)

SC

Facts

Joseph Clarkson and Evelyn Clarkson were married. Both had children from a prior marriage. Joseph’s will established a trust for Evelyn containing one-fourth of Joseph’s estate. At the time Joseph executed this will, Evelyn was mentally incompetent, and she remained that way until and beyond Joseph’s death with no chance to improve. Under Nebraska’s elective-share law as well, Evelyn would have been entitled to one-fourth of Joseph’s estate. The difference, however, was that the fee title that would have come from the elective share was more valuable than the beneficiary interest in the trust. The county court decided on Evelyn’s behalf to accept the provisions of the will. The district court vacated the order. The executor of Joseph’s will appealed.

Rule of Law

Issue

Holding and Reasoning (Spencer, J.)

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