In Re Estate of Herman A. R. Camin, Deceased. Martin Achterberg, Appellants v. Farmers State Bank & Trust…

Summary

The Nebraska Supreme Court affirmed admission of the decedent’s self-proved will to probate and rejected challenges concerning testamentary-capacity proof, witness attestations, prior wills, cross-examination, and jury instructions. It held that introducing a self-proved will establishes prima facie testamentary capacity without calling every available attesting witness, while the proponent retains the ultimate burden of persuasion. The court also concluded that the evidentiary rulings and instructions did not constitute prejudicial error.