Neb. Rev. Stat. » Chapter 76
Nebraska Revised Statutes

Neb. Rev. Stat. § 76-109 (2026)

Property not in possession of conveyor; conveyance effective

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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Any act which would be effective as a conveyance inter vivos or as a mortgage or as a testamentary disposition of property when the land or thing other than land is in the possession of the conveyor, is effective as a conveyance of the conveyor's interest therein, when the land or thing other than land is out of the conveyor's possession whether adversely held or not.

Notes of Decisions
Cited in 14 cases, 1932–1982 · leading case: Stuehm v. Mikulski, 297 N.W. 595 (Neb. 1941).
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Stuehm v. Mikulski, 297 N.W. 595 (Neb. 1941). · cites it 4× “This section, commonly referred to as “the intent statute,” reads as follows: “In the construction of every instrument creating or conveying, or authorizing or requiring the creation or conveyance of any real estate, or interest therein, it shall be the duty of the courts of…”
Blum v. Poppenhagen, 5 N.W.2d 99 (Neb. 1942). · cites it 2× “Is there any reason in the law why it should be denied to them ? Section 76-109, Comp. St. 1929, provides: “In the construction of every instrument creating o-r conveying, or *10 authorizing or requiring- the creation or conveyance of any real estate, or interest therein, it…”
Brooks v. Kimball Cnty., 256 N.W. 501 (Neb. 1934). · cites it 4× “It is conceded by all the parties to this litigation that section 76-109, Comp. St. 1929, governs the construction of instruments in relation to real estate and the duty of the courts in respect thereto, which is as follows: “In the *651 construction of every instrument creating…”
Maxwell v. Hamel, 292 N.W. 38 (Neb. 1940). · cites it 2× “1929, every conveyance of real estate passes all the interest of the grantor therein unless a contrary intent can reasonably be inferred from the terms used.”
Majerus v. Santo, 10 N.W.2d 608 (Neb. 1943). · cites it 4× “The first question here for consideration is, did the appellants’ petition state a cause of action? Under section 76-109, Comp. St. 1929, this court has held in Hiles v.”
Pothast v. Zimmermann, 241 N.W. 553 (Neb. 1932). · cites it 2× “But the choice as to whether we shall follow the unquestioned weight of authority or shall disregard the multiple pronouncement of able and learned courts has been taken from us in the determination of this case by legislative enactment. This is true, because there are special…”
Nebraska Nat'l Bank v. Bayer, 243 N.W. 115 (Neb. 1932). · cites it 4× “Under section 76-109, Comp. St. 1929, provision is made that it shall be the duty of the courts to carry into effect the true interest and intent of the parties, so far as such intent can be ascertained from the whole instrument, and so far as such intent is consistent with the…”
Almy v. Avery, 272 N.W. 318 (Neb. 1937). · cites it 2× “The appellants’ brief states the issue as follows: “There is but one question involved in this appeal, namely, there being an insufficiency of other assets with which to pay debts and costs of administration, on whom shall be imposed the burden of the payment of the debts and…”
State Bank v. Thiessen, 289 N.W. 791 (Neb. 1940). · cites it 2× “In the case before us this result must obtain, whether the rule in Shelley’s case or the intent statute (section 76-109, Comp. St. 1929) be applied.”
Prudential Ins. of Am. v. Nuernberger, 284 N.W. 266 (Neb. 1939). · cites it 2× “Did Anna Roost have the power to convey by mortgage the undivided one-half interest in this property free from, or superior to, the claims of the defendants for the pay *750 ment of their special bequests ? The answer to that question depends upon a construction of the will of…”
Sterner v. Nelson, 314 N.W.2d 263 (Neb. 1982). · cites it 2× “§ 76-109 (1929), and which is now Neb.Rev.”
Graff v. Graff, 286 N.W. 788 (Neb. 1939). · cites it 2× “We are assisted in this by two statutory rules of construction: First, section 76-109, Comp. St. 1929, setting out the duty of the court to carry out the testator’s true intent; second, section 30-202, Comp.”
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