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IN RE ESTATE OF McCABE

No. 51968.

140 N.W.2d 370 (1966)

In the Matter of the ESTATE of Julia McCABE, Deceased. Council Bluffs Savings Bank, Executor, Oda Sulley, Claimant.

Supreme Court of Iowa.

February 8, 1966.

Attorney(s) appearing for the Case

Ross, Johnson, Stuart, Tinley & Peters, Council Bluffs, for appellant.

Dippel & McCann, Council Bluffs, for appellees.

Smith, Peterson, Beckman & Willson, Council Bluffs, for executor.

STUART, Justice.

The Sixtieth General Assembly substantially revised the probate law of this state with the passage of the Iowa Probate Code, Chapter 326, Laws of the Sixtieth General Assembly. Section 411, thereof, provides:

"Sec. 411. Pleading statute of limitations. It shall be within the discretion of the personal representative to determine whether or not the applicable statute of limitations shall be pleaded to bar a claim which he believes to be just...

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