In re Estate of Elsie R. Ackerman, deceased.
Judith Bolejack, Personal Representative and individually, appellee. Sandra Underwood, appellant,
Decedents' Estates: Appeal and Error. An appellate court
reviews probate cases for error appearing on the record made
in the county court.
Decedents' Estates: Judgments: Appeal and Error. When
reviewing questions of law in a probate matter, an appellate
court reaches a conclusion independent of the determination
reached by the court below.
Decedents' Estates: Appeal and Error. The probate
court's factual findings have the effect of a verdict,
and an appellate court will not set those findings aside
unless they are clearly erroneous.
Decedents' Estates: Banks and Banking: Intent. When
documents to a bank account do not meet the sample form
provided for in Neb. Rev. Stat. § 30-2719(a) (Reissue
2016), their interpretation is governed by the provisions of
Neb. Rev. Stat. §§ 30-2716 through 30-2733 (Reissue
2016) applicable to the type of account that most nearly
conforms to the depositor's intent.
Decedents' Estates: Banks and Banking: Notice. Pursuant
to Neb. Rev. Stat § 30-2724(a) (Reissue 2016), the type
of bank account may be altered by written notice given by a
party to the financial institution to change the type of
account. The notice must be signed by a party and received by
the financial institution during the party's lifetime.
Decedents' Estates: Banks and Banking. A right of
survivorship arising from a payable-on-death designation may
not be altered by will.
Appeal and Error. An appellate court is not obligated to
engage in an analysis that is not necessary to adjudicate the
case and controversy before it.
Neb.App. 589] 8. ___. An alleged error must be both
specifically assigned and specifically argued in the brief of
the party asserting the error to be considered by an
from the County Court for Lancaster County: Holly J. Parsley,
E. Janssen for appellant.
Bacon, of Keating, O'Gara, Nedved & Peter, PC,
L.L.O., for appellee.
Riedmann and Bishop, Judges, and McCormack, Retired Justice.