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FISCHER v. MILLS

No. 49272.

85 N.W.2d 533 (1957)

William FISCHER and Vyola Fischer, Plaintiffs-Appellees, v. Anna M. MILLS and James Mills, her Husband; Edna DeHart and Melford DeHart, her Husband; Gerd Fischer and Verna Fischer, his Wife; Henrietta McLaughlin and L. E. McLaughlin, her Husband; Harley G. Fischer and Lena W. Fischer, his Wife; Juanita Welch and Estel Welch, her Husband; Jelste J. Fischer and Cecilia M. Fischer, his Wife; Carl L. Fischer and Catherine R. Fischer, his Wife; William F. Carmean and Mary Carmean, Husband and Wife; and W. I. McCarty, Defendants-Appellees, Laura Jane Fischer, a Minor; and Maxine Woodin, Formerly Fischer, Guardian of Laura Jane Fischer, Minor, Defendants-Appellants.

Supreme Court of Iowa.

October 15, 1957.

Attorney(s) appearing for the Case

M. R. Tan Creti, Carroll, and Powers & Reimer, Denison, for defendants-appellants.

R. C. Gray, Rockwell City, for plaintiffs-appellees.

L. E. Swanson, Lake City, and Harris & Harris, Jefferson, for defendants-appellees, except W. I. McCarty.

PETERSON, Justice.

This is an action in equity for partition of real estate. Jacob Fischer departed this life testate on December 17, 1954. He was the owner of four farms, comprising about 430 acres, in Calhoun County and three town properties in Rockwell City. Under his will he left one-third of his real estate to his wife, Gertrude. Gertrude Fischer departed this life testate on December 19, 1954. She bequeathed $1 to Laura Jane Fischer, a minor granddaughter, adding...

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