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IN RE DITZ' ESTATE

No. 51161.

125 N.W.2d 814 (1964)

In the Matter of the ESTATE of Joe DITZ, Deceased. William BUSCH et al., Plaintiffs-Appellants, v. Rose BAUTE et al., Defendants-Appellees, and Dennis Feddersen et al., Additional Defendants-Appellees.

Supreme Court of Iowa.

January 14, 1964.

Attorney(s) appearing for the Case

Wm. B. Norton, Lowden, Rees, Remley & Heiserman, Anamosa, and Van Matre & Van Matre, Mexico, Mo., for plaintiffs-appellants.

Casterline & Hamiel, Tipton, for Phyllis Bray, plaintiff-appellant.

Otto L. Schluter, Cedar Rapids, Trustee, pro se.

Lynch, Dallas, Smith & Harman, Cedar Rapids, for Otto L. Schluter, trustee, Fred Feddersen, co-executor and trustee, Norman Bergmann, co-executor, Linda Resewehr, Willie Willert, Augusta Portwig, St. John's Evangelical & Reformed Church, Clarence, Iowa, American Legion Post, Clarence, Iowa, and the Library Association of Clarence, Iowa, for defendants-appellees.

James T. Remley, Anamosa, for Guardian ad litem for Harold Resewehr, defendant-appellee.

Elliott, Shuttleworth & Ingersoll, Cedar Rapids, for St. Luke's Methodist Hospital, defendant-appellee.

Max R. Werling, Tipton, and Newport & Wine, Davenport, for Fred Feddersen as co-executor, trustee and as an individual.

LARSON, Justice.

Plaintiffs, heirs-at-law of Joe Ditz, deceased, filed their petition in two divisions attacking the probate of his will and one codicil. Division I alleged decedent was of unsound mind and lacked testamentary capacity. Division II alleged paragraph 13 of the will was invalid for various reasons. The second division was dismissed on defendants' motion and no issue is raised thereon. When the first division...

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