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IN RE RAHFELDT'S ESTATE

No. 50372.

111 N.W.2d 303 (1961)

In the Matter of the ESTATE of Albert F. RAHFELDT, Deceased, W. H. Brown, Executor. Florence SCHAPER, Helen Miller, Marguerite Mehlow, Albert Rahfeldt, Frances Kadolph, Charlotte Rahfeldt Erickson, and Fred A. Rahfeldt, Appellants, v. W. H. BROWN, Executor of the Estate of Albert F. Rahfeldt, Nellie Rahfeldt, Lydia Rahfeldt, William Rahfeldt, Robert Rahfeldt, Edward Rahfeldt, William Rahfeldt, Fern Stackhouse, Lorine Pille, Gladys Manful, Doris Myking, Lee Rahfeldt, Frank Rahfeldt, Gearde E. Gull, LaVaughn L. Bachman, Jessie W. Erickson, Appellees.

Supreme Court of Iowa.

October 17, 1961.

Attorney(s) appearing for the Case

Lundy, Butler & Wilson, Eldora, for appellants.

Smedal & Maurer, Ames, for W. H. Brown, executor of estate of Albert F. Rahfeldt, appellee.

John R. Hattery, Nevada, for Lydia Rahfeldt Gull, William Rahfeldt, Robert Rahfeldt and Edward Rahfeldt, appellees.

PETERSON, Justice.

This is an action involving the construction of paragraph II of the will of Albert F. Rahfeldt, who died in Story County on August 8, 1960.

Paragraph II of the will is as follows:

"I give, devise, and bequeath to my son, Fred A. Rahfeldt, the Southeast Quarter (SE ¼) of Section Twenty-eight (28), Township Eighty-five (85) North, Range 21, West of the 5th P. M., Story County, Iowa, to have and to hold and enjoy the use and income...

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