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SMITH v. KETELSEN

No. 51218.

127 N.W.2d 91 (1964)

Felix SMITH, Betty L. Thornton, Katherine M. Jenkins, Felix L. Smith, Jr., and Frankie A. Smith, Appellants, v. Aline KETELSEN, Administratrix of the Estate of Marie Smith, Probate No. 31201, Scott County, Iowa District Court and Eva Fuqua, Appellees.

Supreme Court of Iowa.

March 10, 1964.

Attorney(s) appearing for the Case

Newport, Wine & Schebler, Davenport, for appellants.

McCarthy & Hart, Davenport, for appellee, Eva Fuqua.

Lambach, Shorey & Plath, Davenport, for appellee, Aline Ketelsen, Admx. of estate of Marie Smith.

PETERSON, Justice.

This is an action for declaratory judgment. It is filed by five parties, claiming to be the heirs at law of Marie Smith who died in Chicago on March 1, 1962. An estate was opened for her in Scott County. Defendants filed motion to dismiss on the theory the proceedings should be filed in probate, and not in an independent declaratory judgment action. Trial court sustained the motion to dismiss. Plaintiffs have appealed.

I. When Marie Smith...

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