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WAGNER v. WAGNER

No. 48995.

79 N.W.2d 319 (1956)

LeRoy WAGNER, Appellee, v. Harry WAGNER, Trustee, E. C. Newell, Trustee, Harry Wagner, Individually, Lena Wagner, Thurston Wagner, Cledytha Wagner Buehler, Raymond Wagner, and Gerald Wagner, Appellants.

Supreme Court of Iowa.

Rehearing Denied January 18, 1957.

Attorney(s) appearing for the Case

J. R. McManus, Des Moines, for appellants.

Don Beving and Earl Gritton, Des Moines, for appellee.

SMITH, Justice.

On January 25, 1936, Joseph B. (Ben) Wagner and wife, Ida, executed a voluntary deed of their Polk County farm to Harry Wagner (Joseph's son by an earlier marriage) "subject to an estate of and for my lifetime"; as of the same date Joseph B. Wagner, Harry Wagner, and E. C. Newell executed a Trust Agreement which refers to said deed and in effect designates Harry and Mr. Newell as trustees: "After the demise of the said Joseph B. Wagner and the completing...

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