John J. Hanley and Kathleen C. Hanley, husband and wife, and John J. Hanley, Trustee v. Nellie House Montgomery Craven et al., and Olive Shoults Rosenberger et al.

Summary

The Supreme Court of Nebraska considered an action to quiet title, determine ownership interests, and partition land held under a testamentary trust. The court addressed whether remainder interests vested when the testator died or when the life tenant died, and whether quitclaim deeds and contingent-fee arrangements transferring interests to attorneys were enforceable. It reversed the trial court’s determination regarding vesting but sustained dismissal of the plaintiffs’ action.

Holdings

1. The remainder interest vested at the termination of the testamentary trust, upon Nellie House Montgomery Craven's death on December 29, 1974, rather than at John R. House's death in 1926.
2. The plaintiffs' action was properly dismissed because their claimed interests under the quitclaim deeds did not establish the relief sought after the remainder was determined to vest at Nellie's death.
3. The district court was required to determine John R. House's blood heirs as of December 29, 1974 and enter a decree of partition; on rehearing, it was also directed to determine the validity and effect of the trial stipulation concerning the descendants' shares.

Questions Presented

1. Whether the remainder interest under John R. House's will vested at the testator's death or at the death of his daughter, the life tenant.
2. Whether the plaintiffs' claimed interests under the attorney-fee contracts and quitclaim deeds were enforceable.
3. What relief was required after determining that the remainder vested at the life tenant's death.

Disposition

reversed_and_remanded