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BUTLER v. BUTLER

50434.

114 N.W.2d 595 (1962)

Edward Earle BUTLER, Appellant, v. Robert Sheldon BUTLER, Executor of the Estate of Robert Spring Butler, Deceased, Robert Sheldon Butler, John C. Butler and Margaret B. Grieve, Trustees of the R. S. Butler Trust, and Robert Sheldon Butler, John C. Butler and Margaret B. Grieve, Trustees of the Janes Property Trust, Appellees. Margaret S. BUTLER, Appellant, v. Robert Sheldon BUTLER, Executor of the Estate of Robert Spring Butler, Deceased, Robert Sheldon Butler, John C. Butler and Margaret B. Grieve, Trustees of the R. S. Butler Trust, and Robert Sheldon Butler, John C. Butler and Margaret B. Grieve, Trustees of the Janes Property Trust, Appellees. Edward Earle BUTLER, Appellant, v. Robert Sheldon BUTLER, Executor of the Estate of Robert Spring Butler, Deceased, Appellee. Margaret S. BUTLER, Appellant, v. Robert Sheldon BUTLER, Executor of the Estate of Robert Spring Butler, Deceased, Appellee.

Supreme Court of Iowa.

Rehearing Denied June 12, 1962.

Attorney(s) appearing for the Case

Parrish, Guthrie, Colflesh & O'Brien, Des Moines, for appellant, Edward Earle Butler.

Steward, Crouch & Kelly, and James L. Bennett, Des Moines, for appellant, Margaret S. Butler.

Herrick & Langdon, and Walter R. Brown, Des Moines, for appellees.

PETERSON, Justice.

This is an equity action involving two cases, consolidated for trial. Plaintiffs pray for the establishment of a trust as to real and personal property, deeded and assigned by Eugene K. Butler and wife, Sarah, to their son, Robert S. Butler on December 2, 1929. The property had a book value of $969,821.79. They had three sons; Hubert, Robert and Earle. Eugene, Sarah, Hubert and Robert all died prior to...

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