In re Estate of Susan A. Loftus. Angela Loftus, Personal Representative of the Estate of Susan A. Loftus, deceased, appellee,
Daniel Loftus, Jr., and Teri Loftus McClun, appellants.
Decedents' Estates: Appeal and Error. An
appellate court reviews probate cases for error appearing on
the record made in the county court.
Judgments: Appeal and Error. When reviewing
a judgment for errors appearing on the record, the inquiry is
whether the decision conforms to the law, is supported by
competent evidence, and is neither arbitrary, capricious, nor
___ . An appellate court, in reviewing a judgment for errors
appearing on the record, will not substitute its factual
findings for those of the trial court when competent evidence
supports those findings.
Wills. The requirements of Neb. Rev. Stat.
§ 30-2327 (Reissue 2016) are satisfied if a will is (1)
in writing, (2) signed by the testator, and (3) signed by at
least two individuals, each of whom witnessed either the
signing or the testator's acknowledgment of the signing
of the will.
Statutes: Appeal and Error. The language of
a statute is to be given its plain and ordinary meaning, and
an appellate court will not resort to interpretation to
ascertain the meaning of statutory words which are plain,
direct, and unambiguous.
___. Absent anything to the contrary, an appellate court will
give statutory language its plain and ordinary meaning. 7.
Statutes: Wills. Statutory provisions
regarding the manner in which wills must be executed are
mandatory and subject to strict construction.
Wills: Witnesses. The attestation required
of witnesses to a will consists of their seeing that those
things exist and are done which the law requires to exist or
to be done in order to make the instrument, in law, the will
of the testator.
Neb.App. 440] 9. Statutes: Wills: Words and
Phrases. Due execution of a will means compliance
with the formalities required by the statute in order to make
the instrument the will of the testator.
Evidence. Habit evidence makes it more probable that the
person acted in a manner consistent with that habit.
Evidence: Proof. Evidence of habit may be
the only vehicle available to prove that someone acted in a
particular way on a particular occasion, and the lack of
detail or specificity goes to the weight and credibility to
be placed on the testimony by the factfinder.
Witnesses: Testimony. The credibility of a
witness is a question for the trier of fact, and it is within
its province to credit the whole of the witness'
testimony, or any part of it, which seemed to it to be
convincing, and reject so much of it as in its judgment is
not entitled to credit.
from the County Court for Sarpy County: Robert C. Wester,
Bradley A. Boyum, of Boyum Law Firm, for appellants.
J. Jungers for appellee. Pirtle, ...