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CLARKEN v. BROWN

No. 51747.

137 N.W.2d 376 (1965)

T. W. CLARKEN, Marie Hanks and Margaret Pontius, Appellants, v. Francis H. BROWN et al., Appellants, and Guy Walters, Lee Walters, Melvin Walters, Harriett Weiss, Margaret Weiss and Evelyn Bracken, Appellees.

Supreme Court of Iowa.

October 19, 1965.

Attorney(s) appearing for the Case

Sackett & Sackett, Spencer, Albert Habhab and Donald J. Mitchell, Fort Dodge, for appellants.

Alan Loth, Fort Dodge, for appellees.

MASON, Justice.

This is a partition action to determine the shares in which a 160-acre tract of land in Webster County is owned. The case was submitted to the trial court upon facts admitted by the pleadings, the will of T. W. Clarken and a stipulation of record.

T. W. Clarken died testate in 1939 owning the land in question, leaving no spouse nor issue. Both parents were dead. In item three of testator's will, probated in 1939, he gave a life estate to his...

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