BAKKE v. BAKKE

No. 63.

47 N.W.2d 813 (1951)

BAKKE v. BAKKE et al.

Supreme Court of Iowa.

May 8, 1951.


Attorney(s) appearing for the Case

Holliday & Myers, Des Moines, for appellant.

Clough, & Clough, Mason City, Nels W. Brandstad, Forest City, for appellee.


HAYS, Justice.

Plaintiff seeks to cancel and rescind a certain agreement between plaintiff and defendant, under which objections to the probate of the purported will of Annette Bakke were withdrawn and probate granted. The grounds for such cancellation are: (1) mutual mistake of fact, and (2) fraud on the part of defendant. The trial court granted the relief, as prayed; and defendant appeals.

Plaintiff and defendant are brother and sister and the only children...

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