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GILBERT v. WENZEL

No. 48975.

78 N.W.2d 793 (1956)

Irene GILBERT, Edna Duff, Sylva Mobley, Tessie Greene, Otho Downing, Ulva Miller, Jennie Armstrong, Clint Downing, Clare Downing, John R. Downing, Tommie Downing, Dale Downing, LaVerne Downing, Marvin Downing, Wayne Downing, Carson Downing, Helen Jean Bonker, Kenneth Downing, LaVonne Smith, Willis Mobley, and Gladys Hanes, Appellees, v. Elsie M. WENZEL and Otto Wenzel, Appellants.

Supreme Court of Iowa.

October 16, 1956.

Attorney(s) appearing for the Case

James B. Smith, Perry, for appellants.

H. E. Newton, Stuart, for appellees.

GARFIELD, Justice.

The question presented is whether testamentary beneficiaries took interests in testator's realty per capita or per stirpes. The district court held a per capita distribution among testator's grandchildren was intended. We affirm the decision.

Josiah Early died testate February 28, 1917. Paragraph 2 of his will, made March 13, 1915, when he was 79, devised a life estate in all his property to his wife Sarah A. and his daughters Hannah Elizabeth...

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