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IN RE SUEPPEL'S ESTATE

No. 51091.

124 N.W.2d 154 (1963)

In the Matter of the ESTATE of Clarence J. SUEPPEL, Deceased. Application of Mabel L. SUEPPEL to set off 40 acre homestead tract.

Supreme Court of Iowa.

Rehearing Denied December 10, 1963.

Attorney(s) appearing for the Case

Sebesta & Kuehnle, Mechanicsville, for Union Trust and Savings Bank and Farmer's Cooperative Elevator, appellants.

George C. Classen, Cedar Rapids, for Mabel L. Sueppel, Lawrence J. Sueppel and Mary Kamerling.

Carl F. Becker, Mount Vernon, for Temporary Administrator, Edward F. Rato.

R. B. Wolfe, Mount Vernon, for Frank Dosedlo, d/b/a Vernon Electric.

HAYS, Justice.

Clarence J. Sueppel died intestate leaving surviving a spouse, Mabel J. Sueppel, and two children, as his sole heirs at law. He was seized of a 94 acre tract of land upon which he and his wife resided at the time of his death. Application was made to the probate court by the surviving spouse to set off to her as a homestead free of decedent's debts, a 40 acre tract therein. His two heirs at law joined therein and also asked that their interest therein...

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