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WRIGHT v. COPELAND

No. 47565.

41 N.W.2d 102 (1950)

WRIGHT et al. v. COPELAND et al.

Supreme Court of Iowa.

February 7, 1950.

Attorney(s) appearing for the Case

Life & Davis, of Oskaloosa, and H. E. de Reus, of Knoxville, for appellants.

Roberts & Roberts, of Ottumwa, for appellees Israel L. Copeland and Melvin L. Copeland.

McElroy & Truitt, of Ottumwa, for appellee Walter H. McElroy, as Executor of the last Will and Testament of Gertie N. Davis, Deceased.

Ralph W. Burt, of Ottumwa, per se guardian ad litem of appellee Bessie Baker, an incompetent.

GARFIELD, Justice.

The important question for decision is whether the residuary clause of the will is ambiguous.

Plaintiffs' appeal is from the sustaining of defendants' motion to dismiss the petition. Plaintiffs failed to plead further and thereby elected to stand on the record theretofore made. The above ruling is therefore deemed a final adjudication. Rule 86, Rules of Civil Procedure. See also Town of Lakota v. Gray, Iowa, 35 N.W.2d 841, 842; Brown v....

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