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PALMER v. EVANS

No. 51137.

124 N.W.2d 856 (1963)

Daniel David PALMER, Appellee and Cross-Appellant, v. Ralph EVANS, Herbert Hender, and William D. Wagner, Executors of the Estate and Trustees under the Last Will and Testament of Bartlett J. Palmer, also known as B. J. Palmer, deceased, William P. Brownell, Trustee under the Last Will and Testament of Bartlett J. Palmer, also known as B. J. Palmer, deceased, and The B. J. and Mabel H. Palmer Memorial, a corporation, Appellants and Cross-Appellees.

Supreme Court of Iowa.

Rehearing Denied January 14, 1964.

Attorney(s) appearing for the Case

Lane & Waterman, and Doerr, Dower & Rehling, Davenport, for appellants and cross-appellees.

Betty, Neuman, Heninger & McMahon, and Lambach, Shorey and Plath, Davenport, for appellee and cross-appellant.

SNELL, Justice.

This is an interlocutory appeal, perfected with permission, (R.C.P. 332) in a Declaratory Judgment action (Division XI R.C.P.), from the rulings on Points of Law tendered by the pleadings and motions (R. C.P. 105, 58 I.C.A.).

The issues arise from an attack upon a will and the administration of an estate in the process of probate in Scott County. The issues involve the application of and the right to invoke the Iowa mortmain statute, the Rule...

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