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IN RE BIERSTEDT'S ESTATE

No. 50760.

119 N.W.2d 234 (1963)

In the Matter of the ESTATE of Herman BIERSTEDT, Deceased. Walter BIERSTEDT, Appellant, v. Meta BERNINGHAUS and Theodore Bierstedt, Appellees.

Supreme Court of Iowa.

January 15, 1963.

Attorney(s) appearing for the Case

Hutchison & Hutchison, and James H. Andreasen, Algona, for appellant.

Linnan, Lynch & Straub, Algona, for appellees.

THORNTON, Justice.

This is an action to construe the will of Herman Bierstedt, deceased. Mr. Bierstedt executed his will in 1949. The will was filed for probate February 14, 1961. In pertinent part it provided:

"SECOND, * * * I * * * bequeath to my daughter Matae Berninghaus One Dollar, as she has already been provided for.

"THIRD. To my son Theodore Bierstedt, I * * * bequeath One Dollar, as he has received help and gifts from me heretofore.

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