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IN RE ESTATE OF ANTON

No. 05-1534.

731 N.W.2d 19 (2007)

In the Matter of the Estate of Hester Mary Lewis ANTON, Deceased, Gretchen Coy, Appellant, v. Nancy R. Ezarski, Fiduciary of the Estate of Hester Mary Lewis Anton, Appellee.

Supreme Court of Iowa.

Rehearing Denied May 16, 2007.

Attorney(s) appearing for the Case

Michael J. Houchins of Zenor, Houchins & Borth, Spencer, for appellant.

Stephen J. Howell of Newbrough, Johnston, Brewer, Maddux & Howell, L.L.P., Ames, for appellee.

APPEL, Justice.

In this case, we consider whether the sale of certain property by an attorney-in-fact prior to the death of the testator resulted in ademption of a specific property bequest. The district court found that under the facts and circumstances presented, the bequest was adeemed. The court of appeals affirmed. For the reason set forth below, we reverse.

I. FACTUAL BACKGROUND.

In 1972, the testator, Hestor Mary Lewis Anton (Mary...

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