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GARDNER v. BAILEY

No. 49218.

85 N.W.2d 586 (1957)

Eleanor B. GARDNER and W. S. Gardner, her husband, Josephine M. Meschter and Elwood Meschter, her husband, Eleanor B. Gardner, Guardian of the Property of Mary B. Bailey, Plaintiffs-Appellees, v. Theodore B. BAILEY and Gertrude H. Bailey, his wife, Henry B. Bailey and Mary Bailey, his wife, Ira L. Miksch and A. E. Baldrige, Trustees for Dora McClelland, Wm. Reinert and Leo Reinert; Nellie E. Wilson, Executrix of the Estate of Mary Bell Kephart, Washington County, Iowa, Defendants, Roy Kephart, Executor of the Estate of Mary Bell Kephart, Defendant-Appellant.

Supreme Court of Iowa.

October 15, 1957.

Attorney(s) appearing for the Case

Livingston & Day, Everett Meeker, Washington, for defendant-appellant.

Poor, Cray, Walter & Youngstrom, Burlington, for plaintiffs-appellees.

A. E. Baldrige, Washington, for defendants-appellees, Ira L. Miksch and A. E. Baldrige, Trustees for Dora McClelland, and Nellie E. Wilson, Executrix of the Estate of Iva G. Denny.

Baumert & Gerard, Sigourney, for defendant-appellees, Wm. Reinert and Leo Reinert.

Stewart & Shearer, Washington, for defendant-appellees, Henry B. Bailey and Mary Bailey, his wife.

HAYS, Chief Justice.

Action to partition certain real estate. Generally speaking, the facts are stipulated in the record. The real estate in question was owned by Marsh W. Bailey and was at the time of his death in 1926, his homestead. He died intestate leaving surviving his spouse and four children, Eleanor B. Brown (Gardner), age 24, Henry B. Bailey, age 21, Theodore B. Bailey, age 20, and Josephine M. Bailey (Meschter), age 17. From the time of his death, the widow...

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