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HART v. LUNDBY

No. 51721.

137 N.W.2d 642 (1965)

Juanita M. HART and Heidi Hart and Byron C. Hart, Minors, by Byron L. Hart, Their Father and Next Friend, Appellants, v. Olga LUNDBY, Wilma Foster, Julius Eric Lundby, a Minor, and George R. Garton, as Administrator with Will Annexed of the Estate of Julius M. Moore, deceased, Appellees.

Supreme Court of Iowa.

October 19, 1965.

Attorney(s) appearing for the Case

Brunk, Janss, Dreher, Wilson & Adams, Des Moines, for appellants.

Virgil E. Meyer, Chariton, for appellee Wilma Foster.

Killmar, Reynoldson & Harvey, Osceola, for appellees Olga Lundby, Julius Eric Lundby, a minor.

SNELL, Justice.

This is an action at law to set aside the probate of a will. Plaintiffs alleged lack of testamentary capacity and undue influence.

Julius M. Moore, a widower, age 74, died May 3, 1960.

An instrument designated Last Will and Testament of Julius M. Moore was filed for probate in Lucas County.

Objections to probate were filed, subsequently withdrawn without prejudice, and decedent's will was admitted to probate on September 20...

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