ECKLES v. LOUNSBERRY

No. 50402.

111 N.W.2d 638 (1961)

Dora ECKLES and Myrtle Ross, Appellants, v. Frank H. LOUNSBERRY, as Executor of the Estate of William E. Hawks, Deceased, and Norman A. Erbe, as Attorney General of the State of Iowa, Appellees, Myrtle Eva Hawks Davidson et al., Intervenors-Appellants.

Supreme Court of Iowa.

November 14, 1961.


Attorney(s) appearing for the Case

Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellants.

Frank H. Lounsberry, Nevada, for himself as executor and appellee.

Evan Hultman, Atty. Gen., Bruce M. Snell, Jr., and Frank Craig, Asst. Attys. Gen., for Norman A. Erbe, appellee.

Hirschburg, Reynolds, Gilchrist & Nutty, Ames, for intervenors-appellants.


GARFIELD, Chief Justice.

Plaintiffs and intervenors, collateral heirs of William E. Hawks, deceased, claim the principal bequest in his probated will is invalid. Following trial the district court held the will created a valid charitable trust. We affirm the decision.

After the usual provision for payment of debts and expenses the will, in paragraph 2, directs that if "any person should appear with legal proof that he or she is a brother or sister of William...

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