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IN RE MASKE'S ESTATE

No. 48175.

55 N.W.2d 474 (1952)

In re MASKE'S ESTATE. WALTERS et al. v. MEHAFFEY et al.

Supreme Court of Iowa.

November 11, 1952.

Attorney(s) appearing for the Case

Donnelly, Lynch, Lynch & Dallas, Cedar Rapids, for appellants.

Livingston & Day, Washington, for appellees Alice Mehaffey, John K. Mehaffey, Mrs. Nellie Huff, Mrs. Merna Taylor, Mrs. Betty Mulcahy Hora, Daryl Vondraska, and Mrs. Ardis Phelps.

Carlton C. Wilson, Washington, for appellees Ferd E. Skola, executor of the will of Paul L. Maske, deceased, and Ferd E. Skola, executor of the will of Eva Maske, deceased.

GARFIELD, Justice.

The question presented is whether the widow's statutory share of one third, following her refusal to take under the will, should be taken wholly from residuary legacies as the trial court held, or ratably from all legacies as the residuary legatees (appellants) contend. This in turn depends upon the meaning of section 633.14, Code 1950, I.C.A.

The issue arose upon the executor's petition in probate...

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