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IN RE YOUNG'S WILL

No. 49018.

79 N.W.2d 376 (1956)

In the Matter of the Trusts Under the WILL of Emma E. YOUNG, Deceased. CITY NATIONAL BANK OF CLINTON, Iowa, Trustee, Appellee, v. Albert R. McCOY, Claimant-Appellee, Elise Schnell, Executrix of the Estate of Clara L. McCoy, Deceased, Claimant-Appellee, Board of Park Commissioners of the City of Clinton, Iowa, Claimant-Appellee, Mrs. Jane Lamb McCoy Daschbach, Claimant-Appellee, Mrs. Seville Crawford Neuswanger, Claimant-Appellant, Margaret Kaminsky McCoy, Claimant-Appellant, M. E. Mirth, Ancillary Administratrix of the Estate of Crawford McCoy, Deceased, Intervenor Claimant-Appellant.

Supreme Court of Iowa.

Rehearing Denied January 18, 1957.

Attorney(s) appearing for the Case

Carroll F. Johnson, Clinton, and Don Hise, Des Moines, for Margaret Kaminsky McCoy, claimant-appellant, Mrs. Seville McCoy Neuswanger, claimant-appellant, and M. E. Mirth, ancillary administratrix of the estate of Crawford McCoy, deceased, intervenor claimant-appellant.

Homer I. Smith, Clinton, for City Nat. Bank of Clinton, Iowa, trustee-appellee.

E. C. Halbech and Lloyd G. Jackson, Clinton, for Albert R. McCoy, claimant-appellee and Elise Schnell, executrix of the estate of Clara Lamb McCoy, deceased, claimant-appellee.

Holleran & Holleran, Clinton, for Mrs. Jane Lamb McCoy Daschbach, claimant-appellee.

Stanley Mayer, Clinton, for Clinton Board of Park Com'rs of City of Clinton, Iowa, claimant-appellee.

PETERSON, Justice.

Emma E. Young departed this life testate on June 4, 1926. She had executed her last will and testament on March 2, 1926. Item 11, which is the provision involved in this action, is as follows:

"Eleventh. I hereby give, devise and bequeath to said Trustees, in trust, the sum of One Hundred Thousand Dollars ($100,000.00), the income whereof shall be paid quarterly or as received to my Niece, Clara...

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