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HERBST v. TREINEN

No. 49397.

88 N.W.2d 820 (1958)

Kenneth Jacob HERBST and Leona Reardon, Appellants, v. Elmer TREINEN and Dominic Thill, Administrators of the Estate of Barbara Herbst, Dec'd, Appellees.

Supreme Court of Iowa.

March 11, 1958.

Attorney(s) appearing for the Case

Burton E. Parriott, Remsen, for appellants.

Orville A. Hames, Remsen, for appellees.

GARFIELD, Justice.

Plaintiffs' petition, filed pursuant to rules 261-269, Rules of Civil Procedure, 58 I.C.A., asks judgment declaring their rights as owners of certain personal property in the hands of defendant administrators and directing them to deliver it to plaintiffs. The action was dismissed upon the three grounds of defendants' motion for dismissal. Plaintiffs have appealed.

Plaintiffs' petition alleges the probated will of Jacob Herbst, who died...

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