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BENZ v. PAULSON

No. 48666.

70 N.W.2d 570 (1955)

Opal L. BENZ, as surviving spouse of George H. Benz, deceased, and as Administratrix of the Estate of the said George H. Benz, deceased, Appellant, v. Louise PAULSON, Blossom Baker and Fred Benz, Appellees, Nellie Benz, widow of Fred Benz, deceased; G. F. Benz, Matilda Ann Benz, Beata Benz, Christina Cabrina Benz, Corinne Louise Benz, minor children of Fred Benz, deceased, Substituted Appellees.

Supreme Court of Iowa.

June 7, 1955.

Attorney(s) appearing for the Case

Don H. Jackson and Proctor R. Perkins, Council Bluffs, for appellant.

H. C. Churchman and John P. Churchman, Council Bluffs, for appellees.

THOMPSON, Justice.

On May 31, 1921, George H. Benz, then unmarried, executed a purported last will and testament, the material part of which is this: "In the Name of God, Amen! I, (s), George H. Benz, being of sound mind and memory, but knowing the uncertainty of human life, do now make and publish this my last will and testament, that is to say:

"That all my real and personal property be conveyed to my Mother, Matilda Benz, Council Bluffs, Iowa.

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