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COLEMAN v. GRAVES

No. 51008.

122 N.W.2d 853 (1963)

Hazel Dittman COLEMAN, Appellee, v. Julia GRAVES, a single person, Rosa Kidney, a single person, Edith Dankel and Warren Dankel, her husband, and O. B. Overholt, as Executor of the Estate of Charles W. Coleman, Appellants.

Supreme Court of Iowa.

July 16, 1963.

Attorney(s) appearing for the Case

Owen B. Overholt, Glidden, and Edward S. White, Carroll, for appellants.

Wunschel & Schechtman, Carroll, for appellee.

MOORE, Justice.

Plaintiff commenced this partition action claiming an undivided one-third interest in personal and certain real property in Carroll County of which Charles W. Coleman died seized on April 26, 1960. She alleged she was his widow by virtue of a common-law marriage. Defendants, his legatees, devisees, heirs-at-law and the executor of his estate, denied such marriage. The trial court held for plaintiff, confirmed in her a one-third interest in the personal...

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