BANKERS TRUST COMPANY v. ALLEN

No. 51661.

135 N.W.2d 607 (1965)

BANKERS TRUST COMPANY, Executor of the Estate of Alden B. Howland, Deceased, Appellee, v. Ward S. ALLEN, Jr. et al., Appellees and Cross-Appellants, Bertha Howland, Cross-Petitioner-Appellant.

Supreme Court of Iowa.

June 8, 1965.


Attorney(s) appearing for the Case

Herrick, Langdon, Sandblom & Belin, Des Moines, for Bertha Howland, cross-petitioner-appellant.

Gamble, Read, Riepe, Martin & Webster, Des Moines, for appellee Bankers Trust Co., ex'r.

Bannister, Carpenter, Ahlers & Cooney, Des Moines, for cross-petition-appellee and cross-appellant Ward S. Allen, Jr.

Davis, Huebner, Johnson & Burt, Des Moines, for cross-petition-appellees and cross-appellants Almy S. Howland and others.

Kent Emery, Des Moines, for cross-petition-appellees and cross-appellants, the known or unknown heirs of Alden B. Howland, and those persons known or unknown who may be entitled to take the intestate share of the estate of Alden B. Howland and who are otherwise unrepresented, and for all defendants who are in the military or naval service of the United States of America, and guardian ad litem for all defendants, known or unknown, who may be minors, who may be confined in a penitentiary or state hospital for insane or other institution, or judicially adjudged incompetent or under some other legal disability.


GARFIELD, Chief Justice.

Bankers Trust Co. of Des Moines, as executor of the estate of Alden B. Howland, deceased, brought this action for declaratory judgment construing his will and determining the rights of his widow, Bertha, and numerous heirs in the estate. Following trial to the court as in equity Bertha has appealed and the heirs have cross-appealed from the decree.

Decedent, a prominent Des Moines Lawyer, died July 24, 1962. His will, made October...

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