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IN RE OLSON'S ESTATE

No. 50089.

106 N.W.2d 345 (1960)

In the Matter of the ESTATE of Rudolph L. J. OLSON, Deceased. Emily (Emma) LUTZ, Appellant, v. Louis J. KNOP, as alleged Executor of the Will of Rudolph L. J. Olson, and the Children of Per Olson Living at the Time of the Death of Rudolph L. J. Olson, said Children as Above Identified and Their Names Not Being known to this Plaintiff at this Time, Appellees, Bethlehem Lutheran Church of Red Oak, Iowa, Appellee.

Supreme Court of Iowa.

Rehearing Denied January 13, 1961.

Attorney(s) appearing for the Case

Life, Davis & Life, Oskaloosa, and L. T. Genung, Glenwood, and H. E. de Reus, Knoxville, for appellant.

Cook & Drake, Glenwood, for L. J. Knop, as Executor of the estate of Rudolph L. J. Olson, deceased, appellee.

J. R. Swenson, Omaha, Neb., for G. Oldenburg, attorney-in-fact for Yngve Osvald Persson, Jenny Paulina Nilssen, Thure Anton Persson, Gurli Karolina Nilsson, Ester Ingeborg Olson, Johan Mauritz Persson, Karl Henrick Persson, Erik Arthur Persson, Anna Margareta Sandell and Arvid Gosta Olsson, appellees.

Leroy H. Johnson and Lavonne E. Billings, Red Oak, for Bethlehem Lutheran Church, Red Oak, appellee.

PETERSON, Justice.

This is an action contesting the will of Rudolph L. J. Olson, on the grounds of lack of proper execution, undue influence, and lack of testamentary capacity.

Rudolph Olson, age sixty-nine, a bachelor, was a resident of Malvern, Mills County, Iowa. At the time of death he was on a trip to Tucson, Ariz., and lost his life there on January 18, 1959, through an automobile accident. Both his parents predeceased him. He was survived by a sister...

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