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IN RE TURNER'S ESTATE

No. 49709.

96 N.W.2d 481 (1959)

In re ESTATE of Mary A. TURNER, Deceased. VALLEY BANK & TRUST COMPANY, Trustee, et al., Plaintiff-Appellee, v. BANKERS BUILDING CORPORATION, Defendant-Appellant, Home for the Aged, and William E. Tookey, Guardian of Susie P. Turner, an Incompetent Person, Intervenors-Appellees, Des Moines Children's Home, American Board of Commissioners for Foreign Missions, Plymouth Congregational Church, Women's Fellowship of Plymouth Congregational Church, and Leo J. Lucier, Trustee for Susie P. Turner, an Incompetent Person, Defendants-Appellees.

Supreme Court of Iowa.

May 5, 1959.

Attorney(s) appearing for the Case

Gamble, Read, Howland, Gamble & Riepe, Des Moines, for defendant-appellant Bankers Building Corp.

Brody, Parker, Miller, Roberts & Thoma, Des Moines, for plaintiff-appellee Valley Bank & Trust Co., Trustee. Lehmann, Hurlburt, Blanchard & Cless, Des Moines, for defendant-appellee Des Moines Children's Home.

Hiram S. Hunn, Des Moines, for defendant-appellee American Board fo Com'rs for Foreign Missions.

Mitchell & Beving, Des Moines, for defendants-appellees Plymouth Congregational Church and Women's Fellowship of Plymouth Congregational Church.

Leo J. Lucier, Des Moines, for himself as defendant-appellee Trustee for Susie P. Turner, An Incompetent Person.

Herrick & Langdon, Des Moines, for intervenor-appellee Home for the Aged.

William A. Tookey, Pasadena, Cal., for himself as intervenor-appellee Guardian of Susie P. Turner, An Incompetent Person.

THORNTON, Justice.

The question presented by this appeal is whether Division XI of defendant's answer states a case for declaratory relief. The question arises on the court's refusal to rule on two law points under rule 105, Rules of Civil Procedure, 58 I.C.A., and the court's withdrawing the issues raised in Division XI of defendant's answer from the case.

The case comes here on defendant's appeal, granted by us, under rule 332, Rules of Civil Procedure....

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