SCHAU v. CECIL

No. 51761.

136 N.W.2d 515 (1965)

Vera SCHAU and Donald Kelly, Plaintiffs-Appellants, v. Ada CECIL, Cora Watkins, Mary J. Cook, T. Janice Marple, T. Maxine Hall, and Ada K. Cecil, Administratrix of the Estate of Everett Kelly, Deceased, Defendants-Appellees.

Supreme Court of Iowa.

July 29, 1965.


Attorney(s) appearing for the Case

Johnson, Phelan & Tucker, Fort Madison, for appellants.

Smiths' & Dickey, Keokuk, for appellees, Ada Cecil, Cora Watkins and Ada K. Cecil, Administratrix of the Estate of Everett Kelly, deceased.

Pollard, Deitchler, Thomas & Lawse, Fort Madison, for appellees, T. Janice Marple, T. Maxine Hall and Mary J. Cook.


MOORE, Justice.

This is a declaratory judgment action involving the interpretation of the will of Joseph Kelly. The facts are stipulated.

Joseph Kelly died testate June 8, 1922. His wife, Mary, and their children, Cecil Kelly, Everett Kelly, Ada Cecil, Cora Watkins and Mabel Cook survived him. His will which he had executed on December 8, 1921 was probated. Its interpretation and construction present the main issues...

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