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IN RE KERNDT'S ESTATE

No. 49975.

103 N.W.2d 733 (1960)

Matter of the ESTATE of C. M. KERNDT, also known as Charles M. Kerndt, Deceased, Theodore A. Kerndt, Executor. Arthur M. KERNDT, Appellant, v. Paula KERNDT-ZIRBES, Appellee.

Supreme Court of Iowa.

June 14, 1960.

Attorney(s) appearing for the Case

Hart & Hart, Waukon, for appellant.

Jacobson & Bristol, Waukon, for appellee.

Frank A. Riser, Lansing, for Theodore A. Kerndt, Executor of said Estate.

PETERSON, Justice.

Charles M. Kerndt was a resident of Lansing, Iowa. He was a widower, ninety years of age. In 1957 he fell in the bank and dislocated his shoulder and it was necessary to take him to a hospital at LaCrosse, Wisconsin, about 30 miles away. He had been there five weeks when he insisted on being taken home. He owned a home at Lansing in which he, and his son Theodore A. Kerndt, and his son's wife lived.

When his father wanted to come home, Theodore...

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