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

Neb. Rev. Stat. § 76-205 (2026)

Instruments; construction; intent of parties; duty of courts

✓ current as of July 2026
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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 justice to carry into effect the true intent of the parties, so far as such intent can be collected from the whole instrument, and so far as such intent is consistent with the rules of law.

Notes of Decisions
Cited in 35 cases (1 in the last 5 years), 1946–2024 · leading case: Dupuy v. W. State Bank, 375 N.W.2d 909 (Neb. 1985).
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Dupuy v. W. State Bank, 375 N.W.2d 909 (Neb. 1985). · cites it 4× “§ 76-205 (Reissue 1981) directs the courts, when construing instruments creating interests in real estate, "to carry into effect the true intent of the parties, so far as such intent can be collected from the whole instrument, and so far as such intent is consistent with the…”
Bishop Buffets, Inc. v. Westroads, Inc., 274 N.W.2d 530 (Neb. 1979). · cites it 2× “It is unnecessary for us to pass on that phrase since by the clear, open, and plain meaning of paragraph Eighth when read with paragraph Twenty-ninth, it was the intention of the parties to limit the obligation of the tenant to pay that proportionate share of taxes that is…”
Mackiewicz v. J.J. & Assocs., 514 N.W.2d 613 (Neb. 1994). · cites it 2× “Neb. Rev. Stat. § 76-205 (Reissue 1990); Dupuy v.”
Lacy v. Murdock, 22 N.W.2d 713 (Neb. 1946). · cites it 2× “” It is, of course, the court’s duty in the construction of a will under the provisions of section 76-205, R. S. 1943, to give effect to the true intent of the testator so far as it can be collected from the whole instrument, if such intent is consistent with the rules of law.”
Andrews v. Hall, 58 N.W.2d 201 (Neb. 1953). · cites it 2× “The appellee contends that the intent of the testator must be ascertained from the four corners of the will and, when once ascertained, it must be given effect under the intent statute, section 76-205, R. R. S. 1943. As a general proposition the foregoing states the correct rule.”
Bulger v. McCourt, 138 N.W.2d 18 (Neb. 1965). · cites it 2× “Section 76-205, R. R. S. 1943, requires this court to carry into effect the true intent of the parties so far as it can be ascertained from the whole instrument, if not inconsistent with law.”
Zents v. Zents, 26 N.W.2d 793 (Neb. 1947). · cites it 2× “14, pass under the will to' the testator’s brother Charles, to whom he bequéathed all his interest in and to the Hub Bar; or did this amount pass to the widow under paragraph 6 of the will, in which he gave her all of the residue and remainder of his property of every kind? We…”
Beltner v. Carlson, 46 N.W.2d 153 (Neb. 1951). · cites it 2× “Any claim or contention that Beltner was or was not obligated to pay these irrigation taxes, under his agreement to assign- these school land leases, was not actionable for such were representations relating solely to matters of law. “The general rule is well settled that fraud…”
Cast v. Nat'l Bank of Com. T. & S. Ass'n of Lincoln, 183 N.W.2d 485 (Neb. 1971). · cites it 2× “While the intent statute, section 76-205, R.R.S.1943, is only a rule of construction, until recently, it has been scrupulously followed in this jurisdiction.”
Elrod v. Heirs in the Est. of Gifford, 55 N.W.2d 673 (Neb. 1952). “There is an absence of extrinsic evidence to aid in discovering the intent of the parties.”
Hastings Coll. v. Rees, 28 N.W.2d 427 (Neb. 1947). · cites it 2× “Where a will discloses that the testator intended to bequeath a specific thing or fund that could be separated out from all the rest of his estate of the same kind so as to individualize it and enable it to be delivered to the legatee as a particular thing or fund, then, in that…”
Niemann v. Zacharias, 176 N.W.2d 671 (Neb. 1970). · cites it 4× “Section 76-205, R.R.S.1943, provides: "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 justice to carry into effect the true…”
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