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IN RE CARTER'S ESTATE

No. 50565.

116 N.W.2d 419 (1962)

In the Matter of the ESTATE of Steven V. CARTER, Deceased. DECATUR COUNTY STATE BANK, Appellant, v. Lucille K. CARTER, as Executrix of the Estate of Steven V. Carter, Deceased, Appellee.

Supreme Court of Iowa.

Rehearing Denied September 18, 1962.

Attorney(s) appearing for the Case

Gamble, Read, Howland, Gamble & Riepe, Des Moines, for appellant.

Killmar & Reynoldson, Osceola, for appellee.

MOORE, Justice.

Plaintiff bank filed a claim in probate for $2250 on a note against the estate of Steven V. Carter. Defendant executrix admitted the execution of the note. By answer and counterclaim she alleged there was an oral agreement by the bank with decedent to procure credit life insurance to cover the unpaid balance of the note, which the bank negligently breached, and claimed damages to the estate of $2250. The trial court ruled for defendant and offset the...

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