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DEUR v. KELLOGG

No. 48461.

63 N.W.2d 923 (1954)

DEUR v. KELLOGG et al.

Supreme Court of Iowa.

April 7, 1954.

Attorney(s) appearing for the Case

Hugh J. Tamisiea, Missouri Valley, Roy E. Havens, Logan, for appellant.

Raymond A. Smith, Council Bluffs, A. V. Shotwell, Omaha, Neb., for appellees Margaret W. Kellogg, Raymond A. Smith, and others, administrators of the estate of George A. Kellogg, dec'd.

Jepson & Jepson, Sioux City, for appellee Helen Noyes Lundstrum.

Carl V. Burbridge, Logan, guardian ad litem for all appellees who may be minors, insane or under any legal disability whatsoever, and who may be in the military or naval service of the United States.

SMITH, Justice.

Involved here is a question of heirship requiring a consideration of sections 636.32, 636.39, 636.40 and 636.41, Iowa Code 1950, I.C.A.

George A. Kellogg died intestate and without issue, leaving: his widow, defendant Margaret W. Kellogg; a half-sister, plaintiff Fannie Kellogg Deur; and the three heirs of Elizabeth Kellogg, a former wife who died "in lawful wedlock." The last mentioned three are named in the Record as Helen Noyes Lundstrum...

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