CLAPPER v. CLAPPER

No. 48741.

70 N.W.2d 145 (1955)

Henry Edward CLAPPER, Marlon W. Clapper, Clyde Earl Clapper, C. L. Van Scyoc, Alta Forney and Henry Doty, Appellees, v. Warren CLAPPER, Rena Clapper, Glee Clapper, Freda Clapper Woods, Leland Clapper, Paula Maxine Ambrose, Elda Lybarger, Faye Louis Clapper, Darlene Danley, Donald Glen Clapper, Robert Clapper, Wanda Clapper, a minor, Bryan Clapper, Ruby Winston, Pearl Timson, Paul Clapper, Roy Clapper, Esther Omer, Ella Marie Clapper, Pearl Smay, Madison Van Scyoc, Roland Nixon, and Ruth A. Nixon, Appellants.

Supreme Court of Iowa.

May 3, 1955.


Attorney(s) appearing for the Case

L. T. Genung, Glenwood, and Peterson, Smith, Peterson, Beckman & Willson, Council Bluffs, for appellants.

Cook & Drake, Glenwood, for appellees.


OLIVER, Justice.

This is a real estate partition suit but the appeal is only from an adjudication construing a will to provide that the remaindermen, (children of testator's children) take the property per stipes and not per capita. The parties are beneficiaries under the will of Henry W. Clapper, who died in 1917. His wife, Margaret E. Clapper, predeceased him in 1916. His will, made in 1905, provides:

1st. Directs payment of funeral expenses and debts.<...

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