SCHMIDT v. CLAUS

No. 49471.

93 N.W.2d 592 (1958)

Helen T. SCHMIDT, Appellee, v. Anna CLAUS and Charles Claus, her husband; Leonard Schmidt and Mary Schmidt, his wife; George Schmidt and Minnie Schmidt, his wife; and Lamke Schmidt, Appellants.

Supreme Court of Iowa.

December 16, 1958.


Attorney(s) appearing for the Case

DeWolf, Goodman & Huisman, Grundy Center and Lundy, Butler, Lundy & Wilson, Eldora, for appellants.

B. E. Hunter, Reinbeck, and Garrett & Bown, Corydon, for appellee.


OLIVER, Justice.

This is a suit for the construction of the will of C. J. Schmidt, who died in 1943, and to quiet title to a share in approximately 438 acres of farm land in Grundy County and a town lot in Wellsburg, of all of which he died seized. His will provided, in part:

Paragraph One—for the payment of debts, etc.

"Paragraph Two. Subject to Paragraph One hereof I give, devise and bequeath to my beloved wife, Lamke Schmidt, the use and...

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