POWERS v. PERRY

No. 52104.

144 N.W.2d 402 (1966)

Gladys POWERS, Appellant, v. Walter Pearl PERRY, Executor of the Estate of Clara May Perry, Deceased, Walter Pearl Perry, Ethel Jane Perry and Alvaree Danels, Appellees.

Supreme Court of Iowa.

July 14, 1966.


Attorney(s) appearing for the Case

Bray, McCoy & Faulkner, Oskaloosa, for appellant.

Bailey C. Webber, Ottumwa, for appellees.


STUART, Justice.

Plaintiff seeks to establish the separate reciprocal wills of Ira Edward Perry and Clara May Perry, husband and wife, as mutual wills and asks for specific performance of the oral contract alleged to have been entered into by the parties at the time the wills were executed.

On January 28, 1941, the Perrys executed separate, but reciprocal, wills, which contained the following pertinent provisions:

"Second. I give, devise and bequeath...

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