25-21,152 Fiduciary or interested person; action to declare rights. - Nebraska Statutes

25-21,152. Fiduciary or interested person; action to declare rights.Any person interested as or through an executor, administrator, trustee, guardian, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust, in the administration of a trust or the estate of a decedent, an infant, person with a mental disorder, or insolvent, may have a declaration of rights or legal relation in respect thereto:(a) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others; or(b) To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity; or(c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings. SourceLaws 1929, c. 75, § 4, p. 257; C.S.1929, § 20-21,143; R.S.1943, § 25-21,152; Laws 1986, LB 1177, § 6. AnnotationsThis section authorizes courts of record to construe wills. Father Flanagan's Boys' Home v. Graybill, 178 Neb. 79, 132 N.W.2d 304 (1964).Administrator of estate could bring action to determine validity of devise and bequest under will. Hipsley v Hipsley, 162 Neb. 518, 76 N.W.2d 462 (1956).A declaratory judgment may be had in probate proceedings. Rohn v. Kelley, 156 Neb. 463, 56 N.W.2d 711 (1953).Declaratory judgment proceeding was proper to determine interest of parties in cattle. Graham v. Beauchamp, 154 Neb. 889, 50 N.W.2d 104 (1951).