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IN RE HUTCHISON'S ESTATE

No. 50972.

121 N.W.2d 504 (1963)

In the Matter of the ESTATE of Elizabeth HUTCHISON, Deceased. H. R. MARTIN, Ancillary Administrator, Rex B. Gilchrist, Robert J. Gilchrist, Virginia G. Kuncl, Mary G. Spurrier, Margaret Hopkins, Genevieve Hendrickson, Edna Behling, Objectors-Appellees, v. Donna M. SIMONS, Domiciliary Administratrix of the Estate of Elizabeth Hutchison, now Pending in the Superior Court of the State of California, and Donna M. Simons as Heir, and Alice E. Lawless, Executrix of the Estate of George M. Lawless, Jr., One of the Heirs, Resistors-Appellants.

Supreme Court of Iowa.

May 7, 1963.

Attorney(s) appearing for the Case

Pasley, Singer & Seiser, Ames, for resistors-appellants.

Judisch & Judisch, Ames, for ancillary administrator.

Mahoney, Jordan, Statton & Smith, Boone, for objectors-appellees.

THOMPSON, Justice.

Two questions are presented by this appeal: first, did the trial court have jurisdiction to make its order for distribution of the proceeds of the sale of certain real estate directly to the heirs; and second, was the order right on the merits.

Involved in the first question are two conflicting orders made by different judges of the Story District Court. There is no dispute as to the facts involved. Elizabeth Hutchison died intestate, a...

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