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IN RE SMITH'S ESTATE

No. 48279.

58 N.W.2d 378 (1953)

In re SMITH'S ESTATE. FISCHER v. FISCHER.

Supreme Court of Iowa.

May 5, 1953.

Attorney(s) appearing for the Case

Charles E. Swanson, of Council Bluffs, for appellant.

Peterson, Smith, Peterson, Beckman & Willson, of Council Bluffs, for appellee

WENNERSTRUM, Justice.

Julius W. Fischer, executor of the estate of Mary A. Smith, deceased, filed an application in the probate proceedings of the estate asking for instructions whether two notes bearing notations should be listed as part of its assets. Decedent, the payee of the notes, died before their maturity. The maker of the notes filed a resistance to the application and later an amendment thereto alleging that a contract for cancellation of the notes existed...

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