STATE v. COLE

No. 51595.

133 N.W.2d 714 (1965)

Ella J. STAKE, Appellant, v. Walter COLE, as Executor of the Last Will and Testament of Jennie Cole, Deceased, and Barbara Davis and Dorothy Deal, Appellees.

Supreme Court of Iowa.

March 9, 1965.


Attorney(s) appearing for the Case

Luther M. Reading, Jefferson, for appellant.

Richardsons, Jefferson, for appellees.


GARFIELD, Chief Justice.

This is an action for declaratory judgment presenting a question of ademption, in whole or in part, of a specific devise of realty to plaintiff. Following trial in equity the court held there was an ademption of the devise and plaintiff has appealed.

Jennie Cole made her will September 15, 1948. After the usual direction to pay debts and expenses, she devised 98 acres of land to her niece Barbara Cole Davis, and her undivided fourth...

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