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IN RE WARNER'S ESTATE

No. 49302.

86 N.W.2d 881 (1957)

In the Matter of the ESTATE of William H. WARNER, Deceased.

Supreme Court of Iowa.

December 17, 1957.

Attorney(s) appearing for the Case

Burnstedt, Hemingway & Hemingway, Webster City, for Edna Stringer, Mary Reed, Alta Thomas, Charley Warner, Della Warner, Ida Belle Spreicher, Eva Hagan, Lela Reed, Ray Warner, Roy Warner, J. M. Warner, Jr., Lee R. Warner, Darreld A. Warner, Howard O. Warner, Bruce C. Warner, Frank H. Warner, Victor E. Warner, Kenneth M. Warner, Perle H. Warner, Merle M. Warner, George W. Warner, Martha Stagle, Marcella M. Brotherton, Rose O. Sandahl, Bernice J. Venrich, Betty Lou Warner, Nellie Johnson, appellants.

Lundy, Butler & Lundy, Eldora, Hobson & Cady, Hampton, for William Large, Helen Finders, Tom Large, Robert Large and John Large, appellees.

Ackerman & Ackerman, Iowa Falls, for L. C. Jorgensen, Admr. with will annexed of estate of William H. Warner, Decd., appellee.

HAYS, Chief Justice.

The sole question presented by this appeal is the applicability of our anti-lapse statute, Section 633.16, Code 1954, I.C.A. This statute is as follows: "If a devisee dies before the testator, his heirs shall inherit the property devised to him, unless from the terms of the will a contrary intent is manifest."

William H. Warner died testate in 1954. His will was admitted to probate in October of 1954. The material portions of said will...

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