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IN RE DLUHOS' ESTATE

No. 48723.

70 N.W.2d 549 (1955)

ESTATE of Margaret Cecil Witherell DLUHOS, Deceased.

Supreme Court of Iowa.

June 7, 1955.

Attorney(s) appearing for the Case

Neal E. Smith, Des Moines, for appellant, Emil Dluhos.

Royal & Royal, Des Moines, for appellee, Luverne Tate Witherell.

Freeman Swift and George E. Flagg, Des Moines, for Ralph Colson.

Eskil C. Carlson, Des Moines, for executrix, Mabel A. Sheppard.

LARSON, Justice.

The testatrix died in Polk County on February 20, 1952, and her will executed February 9, 1952, was filed for probate. The will provided as follows:

"I. I hereby give to my beloved husband, Emil Dluhos, his dower right according to the laws of Iowa and no more.

"II. I give, subject to the above and foregoing, to my brother, Luverne Tate Witherell of Avon Lake, Ohio, my house and lot, located in the City of Des Moines, Polk County,...

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