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OAKES v. OAKES

No. 51208.

125 N.W.2d 835 (1964)

George Russell OAKES, Plaintiff-Appellant, v. Charles Willis OAKES, and Jennie Oakes, his wife, Hazel Oakes Wunder and Arnold H. Wunder, her husband, Keith More and G. O. Hurley, Defendants and Referee-Appellees, Harold Paulk Oakes and Velma Oakes, his wife, Leland Franklin Oakes and Velma Oakes, this wife, Grace Oakes Smith, Leland Franklin Oakes, Administrator of the Estate of Laura Paulk Oakes, and Lillian Oakes, Defendants-Appellants.

Supreme Court of Iowa.

January 14, 1964.

Attorney(s) appearing for the Case

William O. Lewis, Harlan, for plaintiff-appellant and defendant-appellants.

G. O. Hurley, Harlan, for defendant-appellees.

Keith More, of More & More, Harlan, for Referee.

STUART, Justice.

This appeal is the last of a series of delaying maneuvers designed to postpone the partitioning of a farm as long as possible. Some of the owners felt the farm should be retained to provide a home for a sister, Grace Smith and her handicapped child. Our duty is not to judge the morality of their intentions but the legal propriety of the manner in which they sought to achieve this end.

Laura Paulk Oakes died intestate on January 12, 1962. At...

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