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KATZ INV. CO. v. LYNCH

No. 47775.

47 N.W.2d 800 (1951)

KATZ INV. CO. v. LYNCH et al.

Supreme Court of Iowa.

May 8, 1951.

Attorney(s) appearing for the Case

Roy B. Thomson and Donald H. Chisholm, of Kansas City, Mo., and Gamble, Read, Howland, Gamble & Riepe, of Des Moines, for appellant Katz Inv. Co.

Dickinson & Dickinson, of Des Moines, for appellants O. E. Lynch, Jr. and Mary Eileen Lynch.

Parrish, Guthrie, Colflesh & O'Brien, of Des Moines, for Katherine M. Brice et al., appellees.

Fred D. Huebner and Miller, Davis, Hise & Howland, all of Des Moines, for Helen W. Flynn, as executrix of the Estate of Thomas F. Flynn, Jr., and as guardian of Kathe E. Flynn, substituted defendant-appellee.

GARFIELD, Justice.

We think two principal questions are presented upon this appeal. (1) Did the trial court abuse its discretion in entertaining this action and rendering a declaratory judgment? (2) Is the remainder interest purchased by plaintiff contingent, as the trial court held, or vested, as plaintiff and its vendors contend?

Martin Flynn died in 1906 survived by his wife, five sons and three daughters. Paragraphs 1 to 8 of his will made in 1906, duly...

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