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IN RE RAHFELDT'S ESTATE

No. 50408.

112 N.W.2d 858 (1962)

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.

January 9, 1962.

Attorney(s) appearing for the Case

Lundy, Butler & Wilson, Eldora, for appellants.

Smedal & Maurer, Ames, for appellee W. H. Brown, Executor of the Estate of Albert F. Rahfeldt.

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

THORNTON, Justice.

This is an application in probate. The questions involved are, is the life tenant entitled to unmatured crops growing on the land at the time of the death of the testator, and are the facts such as will sustain the findings of the trial court in holding a declination to act as executor should not be set aside and the applicant appointed?

I. Albert F. Rahfeldt died a resident of Story County August 8, 1960. He left a will, dated January 22...

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