Pruss v. Pruss

514 N.W.2d 335, 245 Neb. 521 (1994)

From our private database of 46,500+ case briefs, written and edited by humans—never with AI.

Pruss v. Pruss

Nebraska Supreme Court
514 N.W.2d 335, 245 Neb. 521 (1994)

Facts

Bessie T. Pruss and her husband, Albert Pruss, executed joint contractual wills in September 1980 designating most of their nine sons as beneficiaries. Bessie’s and Albert’s wills contained provisions stating that they were irrevocable unless both consented and that after the death of either party, the wills would become irrevocable. Before September 1980, Bessie owned 130 acres of farmland in Dodge County, Nebraska. At the same time that Bessie and Albert executed their wills in September 1980, Bessie conveyed a one-half interest in the farmland to Albert. One of Albert and Bessie’s sons, Francis (plaintiff), was a lawyer, and in November 1980 Francis drafted new joint contractual wills for Bessie and Albert. The November 1980 wills also contained provisions stating that they were irrevocable unless both consented and that after the death of either party, the wills would become irrevocable. These wills stated that as consideration, Bessie would convey her one-half interest in the Dodge County farmland to Albert, and Albert would convey his one-half interest in the Dodge County farmland to Bessie. Albert died two months later. In March 1983, Bessie executed a new will. Bessie was upset with three of her sons, Albert Jr. (plaintiff), Francis, and Richard (plaintiff), for unsuccessfully initiating guardianship proceedings for Bessie, and Bessie’s new will reduced the share of her estate that these three sons would inherit. Bessie died in 1990. Bessie’s 1983 will was offered for probate. Albert Jr., Francis, and Richard filed an action seeking that a constructive trust be imposed on Bessie’s estate, arguing that Bessie’s estate should be distributed according to her November 1980 will. Bessie’s remaining surviving sons, James, Rodney, Emil, Leonard, and Theodore (defendants), as well as two grandchildren, Michael and Carolyn (defendants), opposed the constructive trust, arguing that the 1983 will should be followed. The trial court denied Albert Jr., Francis, and Richard’s request, and they appealed.

Rule of Law

Issue

Holding and Reasoning (White, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 832,000 law students since 2011. Some law schools even subscribe directly to Quimbee for all their law students.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

Here's why 832,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 832,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,500 briefs - keyed to 994 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership