Estate of Fries v. Hurst, 279 Neb. 887 (Neb. Sup. Ct. 2010)

(after their marriage, wife executed quit-claim deeds on three parcels of land that husband owned; husband then conveyed the parcels to his children from a prior marriage before his death; after husband's death, surviving spouse took elective share of decedent's augmented estate and court determined that genuine issue of material fact existed as to whether the parcels should be included in decedent's augmented estate for purposes of calculating surviving spouse's elective share because facts existed that raised a question as to whether decedent retained possession and enjoyment of, and income from, the parcels after the transfer - decedent continued to use the parcels for recreational purposes and held himself out as the owner of the parcels; trial court's judgment dismissing surviving spouse's claim reversed).