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IN RE McCARTHY'S ESTATE

No. 51222.

126 N.W.2d 357 (1964)

In the Matter of the ESTATE of Peter H. McCARTHY, Deceased.

Supreme Court of Iowa.

February 11, 1964.

Attorney(s) appearing for the Case

William F. Thill and John C. Oberhausen, Dubuque, for appellant Anne McCarthy Cheek.

Jack G. Howe, Denver, Colo., for appellant James Perry Carr.

William M. Kahn, New York City, for appellant Patricia Beesley Irwin.

Halbach & Halbach, Clinton, for appellee John Francis Ward.

O'Connor, Thomas, McDermott & Wright, Dubuque, for appellees John F. Ward and Anne M. Cheek, Administrators with Will Annexed.

PETERSON, Justice.

The sole question on this appeal is whether, as the trial court held, our antilapse statute, Section 633.16, Code 1958, I.C.A., applies to the will of Peter H. McCarthy, deceased. Anne McCarthy Cheek, a beneficiary, individually, and as one of two administrators of estate of Peter H. McCarthy appealed.

Appellant divides consideration of the questions involved in the case into two assignments of error. 1. The trial court committed error in...

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