Neb. Rev. Stat. » Chapter 36
Nebraska Revised Statutes

Neb. Rev. Stat. § 36-104 (2026)

Interest in land; how created; devises; trusts by operation of law

✓ current as of July 2026
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Section 36-103 shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1947–2026 · leading case: I. P. Homeowners, Inc. v. Radtke, 558 N.W.2d 582 (Neb. Ct. App. 1997).
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I. P. Homeowners, Inc. v. Radtke, 558 N.W.2d 582 (Neb. Ct. App. 1997). · cites it 2× “shall hereafter be created, granted, assigned, surrendered, or declared, unless by operation of law, or by deed of conveyance in writing, subscribed by the party creating, granting, assigning, surrendering or declaring the same”); Neb. Rev. Stat. § 36-104 (Reissue 1993) (§…”
Guynan v. Guynan, 305 N.W.2d 882 (Neb. 1981). · cites it 2× “Neb. Rev. Stat. § 36-104 (Reissue 1978) also provides: “Section 36-103 shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by…”
Fleury v. Chrisman, 264 N.W.2d 839 (Neb. 1978). “or declared, unless by operation of law, or by deed of conveyance in writing, subscribed by the party creating, ... or declaring the same.” § 36-103, R.”
In re Est. of Knapp, 321 Neb. 155 (Neb. 2026). · cites it 2× “14 Neb. Rev. Stat. § 36-104 (Reissue 2016) provides that “[s]ection 36-103 shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by…”
Smith v. Kinsey, 28 N.W.2d 588 (Neb. 1947). · cites it 2× “” Section 36-104, R. S. 1943, provides: “Section 36-103 shall not be construed * * * to prevent any trust from arising or being extinguished by implication or operation of law.”
Andrews v. Heinzman, 8 F.R.D. 48 (D. Neb. 1948). “1943, § 36-104, in any instance where an attempt to erect an express trust must fail before the statute of frauds, need not—in fact, may not appropriately-—be discussed 'now.”
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