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DULLARD v. SCHAFER

No. 49863.

100 N.W.2d 422 (1960)

Willard E. DULLARD, Trustee of the Estate of Charles Ludwig Schafer, Bankrupt, Appellant, v. Louis Henry SCHAFER; Charles Ludwig Schafer; A. Hollis Horrabin, as Temporary Administrator, as Trustee of the Louis Henry Schafer Trust, as Trustee of the Charles Ludwig Schafer Trust, and as Executor, all under the "Last Will and Testament of Lew H. Schafer", Dec'd; and the Union Bank and Trust Company of Ottumwa, Iowa, as Trustee of the Louis Henry Schafer Trust, as Trustee of the Charles Ludwig Schafer Trust, and as Executor, all under the "Last Will and Testament of Lew H. Schafer," Dec'd, Appellees.

Supreme Court of Iowa.

January 12, 1960.

Attorney(s) appearing for the Case

Gilmore, Dull & Keith, Ottumwa, for appellant.

Bailey C. Webber, and A. Hollis Horrabin, Ottumwa, for appellees.

LARSON, Chief Justice.

In contemplation of a second marriage, Lew H. Schafer entered into a written pre-nuptial contract with Clara C. Carter on the 28th day of December, 1944. The contract was unusual in that Lew's son, Charles Ludwig Schafer, was made a party thereto and signed the agreement. It is this third party phase of the instrument with which we are concerned in this suit by the trustee in bankruptcy as he attempts to recover assets in the father's estate...

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