IN RE MILLER'S ESTATE.

No. 48106.

54 N.W.2d 433 (1952)

In re MILLER'S ESTATE.

Supreme Court of Iowa.

July 28, 1952.


Attorney(s) appearing for the Case

Simpson & Louden, of Fairfield, for appellant.

Richard C. Leggett, of Fairfield, for Glen A. Sherman, Administrator, C.T.A., and Edward Miller, Appellees.

Eugene McCoid, of Mt. Pleasant, Leo D. Thoma, of Fairfield, for Wilma Cassabaum, Guardian of Theodore Cassabaum, incompetent, appellee.


OLIVER, Justice.

Testator's will, executed in November, 1950, provides:

"First: I give, devise and bequeath unto my wife, Margaret Miller, if she is my wife at the date of my decease, such portion of my property as she is allowed by the laws of the State of Iowa, and no more."

The will provides in substance, also:

Second: In the event any person or persons shall establish himself or herself as testator's child, legitimate or illegitimate...

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