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WIDNEY v. HESS

No. 47781.

45 N.W.2d 233 (1950)

WIDNEY et al. v. HESS et al.

Supreme Court of Iowa.

Rehearing Denied February 9, 1951.

Attorney(s) appearing for the Case

Welch & Welch, of Logan, for Carrie Widney and others, plaintiffs-appellants.

Arthur N. Neu, of Carroll, for Carl J. Hess, Administrator, defendant and cross-petitioner, appellee.

White & Bruner, of Carroll, and Don G. Mullan, of Odebolt, for American Cancer Soc., Inc., intervenor and cross-petitioner, appellee.

Meyers & Tan Creti, of Carroll, for Carroll, Iowa, Elks Lodge, defendant and cross-petitioner, appellee.

Leighton A. Wederath, of Carroll, for Cancer Prevention Soc., intervenor and cross-petitioner, appellant.

SMITH, Justice.

Roswell D. Johnston, late of California but a former resident of Iowa, died leaving three holographic instruments, dated, respectively, April 15, 1946, December 13, 1946, and July 26, 1947. They had been admitted to probate in California and on November 5, 1947, the probate court of Carroll County, Iowa, in ancillary proceedings, admitted all three as the last will and testament of decedent, who owned real estate in Iowa. An administrator with will...

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