ESTATE v. DAVIS' ESTATE

No. 50580.

114 N.W.2d 314 (1962)

In re The ESTATE of Paul L. DAVIS, Deceased. Winnifred DAVIS, Appellant, v. Wilbur L. DAVIS, Appellee.

Supreme Court of Iowa.

Rehearing Denied May 8, 1962.


Attorney(s) appearing for the Case

Whicher, Davis & Yaneff, Sioux City, for appellant.

John B. Pizey and Carl W. H. Sass, Sioux City, for appellee.


LARSON, Justice.

The sole issue before us in this appeal is whether a surviving widow of a deceased testator may take the share set forth in Section 636.32 of the Code when, due to a failure of a bequest, the residue of the estate exceeds her statutory share set forth in Section 636.5, Code 1958, I.C.A. The trial court held such residue descended as intestate property to the only surviving heir, that she was not an heir...

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