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VILTER v. MYERS

No. 51013.

123 N.W.2d 334 (1963)

Kathryn Sue VILTER, Jane Potter Buchanan as Guardian of the Person and Property of Sandra Dianne Potter Buchanan, a minor, Appellees, v. Anna A. MYERS, as Executrix and as Trustee under the Last Will and Testament of Paul D. Potter, Deceased, Richard C. Potter, Mrs. Richard C. Potter, Richard C. Potter and Mrs. Richard C. Potter as Trustees for their Children, Marcia Gail Potter, Phillip Gordon Potter, and David Paul Potter, Appellants.

Supreme Court of Iowa.

Rehearing Denied November 12, 1963.

Attorney(s) appearing for the Case

Hemingway & Hemingway, Webster City, for appellants.

Karr & Karr, Webster City, for appellees.

THORNTON, Justice.

The principal question presented is the sufficiency of the evidence of the making and terms of the contract to execute mutual wills. Able counsel for both sides recognize this and so present the case. That the evidence of such an oral contract must be clear and convincing is well established. Youngberg v. Holstrom, 252 Iowa 815, 108 N.W.2d 498; Father Flanagan's Boys' Home v. Turpin, 252 Iowa 603,

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