50 Neb. 824 | Neb. | 1897
Pláintiff in error began this action of ejectment in the district court of Adams county. The defendants in error answered specially pleading title through mesne conveyances from August Ludwig Koopman, who had purchased at an auction sale made by William Steinhaus, administrator with the will annexed of the estate of Julius Koopman, through which testator both parties claim title. It was alleged in the answer that on February 16, 1879, the said Julius Koopman departed this life, leaving several heirs named; that at the time of his death, which occurred in Germany, he was seized in fee-simple of the land in controversy, situated in Adams county. The third paragraph of the answer was in this language: “That the said Julius Koopman left a last will and testament; that the same was duly probated in the proper court of Germany, and on the 6th day of October, 1879, the said last will was probated in the county court of Adams county, state of Nebraska; that William Steinhaus was appointed administrator with the will annexed of said estate, and gave bond in the penal sum of two thousand dollars ($2,000) as such administrator. The following is a copy of the said will and proceeding relative to the probating of the same, and the bond of said administrator,” etc. Following the above averments of the answer, there was set out a copy of what
It is contended that the language of the German court record shows that the testator did not file a written will, but that he made some oral declarations only, as indicated by the use of the word “declared.” The demurrer
The effect which should be accorded the execution of the power to sell land by an administrator with the will annexed was discussed in Schroeder v. Wilcox, 39 Neb.,. 136, and need not be repeated. The judgment of the district court is
Affirmed.