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CRECELIUS v. SMITH

No. 51192.

125 N.W.2d 786 (1964)

B. G. CRECELIUS et al., for themselves and all other persons composing that class of persons who are beneficiaries, or their successors, under the Last Will and Testament of Samuel Coleman Zieger, and Rhea Hensley, Harvey E. Trimble, Jack Trimble and John J. Johnson, as member of the aforesaid class, and C. O. Rubow, Administrator De Bonis Non With the Will Annexed of Samuel Coleman Zieger, Deceased, Plaintiffs-Appellants, v. Jack SMITH, Defendant-Appellee, and Edna Schwebke, Plaintiff-Appellee.

Supreme Court of Iowa.

January 14, 1964.

Attorney(s) appearing for the Case

Lundy, Butler & Wilson, Eldora, for plaintiffs-appellants.

Bateson, Ryan & Dunn, Eldora, and Mickelson & Roan, Toledo, for defendant-appellee.

THOMPSON, Justice.

This appeal requires us to determine difficult questions which revolve around two conveyances of real estate by Samuel Coleman Zieger, who died in 1919. There are collateral issues, but the major contentions center upon a proper construction of the intent of the grantor in executing the deeds. No question of proper delivery is involved. The plaintiffs brought their action to quiet title to the two 80 acre tracts of farm lands described in the deeds...

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