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IN RE WELTER'S ESTATE

No. 50393.

111 N.W.2d 282 (1961)

In the Matter of the ESTATE of Anna WELTER, Deceased. ST. PATRICK'S CHURCH, Objector-Appellant, v. Donald SCHOFIELD, Administrator of the Estate of Anna Welter, Deceased, Defendant, State of Iowa, Intervenor-Appellee.

Supreme Court of Iowa.

October 17, 1961.

Attorney(s) appearing for the Case

J. J. Hyde, Elkader, for objector-appellant.

Evan L. Hultman, Atty. Gen. and Frank Craig, and Bruce M. Snell, Jr., Asst. Atty. Gen., for intervenor-appellee.

GARFIELD, Chief Justice.

This is a probate proceeding arising from a controversy between St. Patrick's Church of Monona and the State of Iowa. Each claims the net estate of Anna Welter, deceased. The church contends the will of Otto J. Welter, Anna's predeceased husband from whom she acquired her estate, created an implied trust in favor of the church. The state claims Anna's estate by escheat as uninherited property under section

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