NOLTE v. NOLTE

No. 48854.

76 N.W.2d 881 (1956)

Norvin L. NOLTE and Clifford L. Nolte, Appellants, v. Elva S. NOLTE and Elva S. Nolte, Executrix of the Estate of Edward L. Nolte, Deceased, Appellees.

Supreme Court of Iowa.

Rehearing Denied May 14, 1956.


Attorney(s) appearing for the Case

Emmert, James, Lindgren & Eller, Des Moines, for appellants.

Edwin S. Thayer, Des Moines, for appellees.


THOMPSON, Justice.

The opinion previously filed is withdrawn and the following substituted therefor.

Edward L. Nolte died testate on February 1, 1954. He left a will, executed on November 24, 1950, the terms of which give rise to the present controversy. The plaintiffs are sons of Edward L. Nolte; the defendant Elva S. Nolte is his surviving spouse. The litigation is of that unfortunate class which so often arises between children of a former marriage and...

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