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THEEN v. MILLER

No. 49678.

96 N.W.2d 734 (1959)

Annie THEEN, Plaintiff-Appellant, v. Irvin B. MILLER, Guardian; Arthur J. Braginton, Executor of the Last Will and Testament of Theodore J. Theen; Minnie McCubbin; Kate Wendland; Veda Kail; Wilford Nimke; Ethel Howrey; Leora Brown; and Ann Jean Nimke, Defendants-Appellees. In the Matter of the ESTATE of Theodore J. THEEN, Deceased, A. J. Braginton, Executor, Plaintiff-Appellee, v. Annie THEEN, Defendant-Appellant.

Supreme Court of Iowa.

Rehearing Denied July 24, 1959.

Attorney(s) appearing for the Case

Charles F. O'Connor, Manson, Maurice J. Breen, Fort Dodge, for appellant.

A. J. Braginton, Manson, Bradshaw & Crawford, Fort Dodge, Gordon L. Madson, Rockwell City, Bernard L. Willis, Lake City, for appellees.

HAYS, Justice.

Is a surviving spouse of her husband who died testate and without issue, his heir-at-law? The trial court held not and she appeals.

Theodore J. Theen by his will gave to his wife, if she survived him, an undivided one-third interest in his estate. All of the remainder he gave to his heirs-at-law. The widow seeks an interest in the remainder. The defendants in the action and who claim all of the remainder...

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