Home/Nebraska Supreme Court/Kubicek v. Kubicek

Kubicek v. Kubicek

186 N.W.2d 923, 186 Neb. 802, 1971 Neb. LEXIS 802
CourtNebraska Supreme Court
DecidedMay 7, 1971
Docket37787
StatusPublished
Cited by6 cases

This text of 186 N.W.2d 923 (Kubicek v. Kubicek) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kubicek v. Kubicek, 186 N.W.2d 923, 186 Neb. 802, 1971 Neb. LEXIS 802 (Neb. 1971).

Opinion

Spencer, J.

Defendants, Edward M. and Frank R. Kubicek, appeal from the granting of partition of 268% acres of land in Saline County, Nebraska, and the dismissal of their cross-petition for specific performance of an alleged agreement for voluntary partition. Plaintiffs aré John J. Kubicek, a brother of the defendants, and his wife;. Thé parties will be hereinafter referred to by their Christian names. Frank owns an undivided one-half interest, and John and Edward each an undivided one-fourth interest in the land in question. • We affirm.

A part of the land has been the Kubicek home since 1881. It was inherited from their father by the three brothers and by another brother, Charles, who sold his undivided one-fourth interest to Frank before the filing of this action. The property was subject to a life estate in the mother who had just died, and to certain payments to other heirs.

On September 24, 1967, shortly after the mother’s death, the Kubicek heirs met at the mother’s former residence in Crete, Nebraska, to dispose of the personal property of the estate amongst themselves. The four brothers then went to the basement to see if it was possible to work out an amicable agreement to divide the *804 property so as to keep it in the Kubicek family. The family relationships had always been amicable. The three involved herein had often exchanged work, and jointly owned farm machinery.

Testimony on behalf of the defendants would indicate that Charles, who did not farm, and Edward, who owned his own land, were interested in selling their undivided interest in the land to Frank and John who farmed the land. John lived on the premises and farmed 121 acres. According to defendants’ evidence, John was to take 100 acres which was to be the 80 on which he lived and 20 acres adjoining it on the southeast. Frank would take the rest. In order to arrive at the value of the land, the brothers used an estate inheritance tax appraisal, but slightly increased the value of a portion of it. On this occasion, Charles made a record of suggested values on a page in the notebook which had been used by the family in the distribution of the personal property. This is the only memorandum of the transaction and consists entirely of mathematical figures, a few letters, and the initials of the four brothers. It is as follows:

*805

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Cite This Page — Counsel Stack

Bluebook (online)
186 N.W.2d 923, 186 Neb. 802, 1971 Neb. LEXIS 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kubicek-v-kubicek-neb-1971.