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WALTZ v. ELLINGHOUSE

No. 13581.

165 F.2d 596 (1948)

WALTZ v. ELLINGHOUSE.

Circuit Court of Appeals, Eighth Circuit.

January 16, 1948.

Attorney(s) appearing for the Case

John Paul Jones, of Des Moines, Iowa, for appellant.

W. B. Sloan and Herschel G. Langdon, both of Des Moines, Iowa (Schaetzle, Williams & Stewart, and Herrick, Sloan & Langdon, all of Des Moines, Iowa, on the brief), for appellee.

Before SANBORN, WOODROUGH, and COLLET, Circuit Judges.

SANBORN, Circuit Judge.

Earl H. Ellinghouse, of Des Moines, Iowa, died testate December 8, 1945, leaving an estate worth about $180,000. He was survived by Phyllis Ellinghouse, his wife, and by Beverly Fane Ellinghouse Waltz, his daughter by his divorced wife, Audrey Ellinghouse Kelly. By his will, dated July 6, 1942, the testator gave $1,000 to his daughter and the residue of the estate to his wife, who was named as executrix. The wife applied to the District Court...

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