In re Estate of AkersonAnnotate this Case
The Supreme Court reversed the judgment of the probate court finding that an $875,000 charitable bequest to a nursing home facility lapsed and ordering the funds to be distributed to the residuary of the estate, holding that the bequest did not lapse.
In the decedent's will, the decedent bequeathed the sum of $875,000 to Hamilton Manor, a nursing home facility in Aurora, Nebraska, owned by Hamilton County and operated through the Hamilton Manor Board of Trustees. Plaintiff, as personal representative, asked that the court find the charitable bequest had failed and order the proceeds to be administered as part of the residue of the estate. The court found that the bequest to Hamilton Manor had lapsed. The Supreme Court reversed, holding that the probate court erred in finding that the gift to Hamilton Manor had lapsed.