IN RE WILL OF FABER

No. 51994.

141 N.W.2d 554 (1966)

In the Matter of the Last WILL and Testament of Carl R. FABER, Deceased.

Supreme Court of Iowa.

Rehearing Denied June 14, 1966.


Attorney(s) appearing for the Case

Fulton, Frerichs & Nutting, Waterloo, for appellant, Earl Faber.

Payer & Vanderbur, Ames, for appellee Friedl Kirschnich.

Gerald O. Blake, Jewell, for executor.


SNELL, Justice.

This appeal involves the construction of a will. The case arose in probate but was tried as a proceeding in equity pursuant to section 33, Iowa Probate Code, chapter 326, Laws of the 60th General Assembly. Our review is de novo. Although not bound thereby we give weight to the findings of the trial court. Rule 344(f) 7, Rules of Civil Procedure.

The question is whether the residuary bequest of testator constituted a gift accompanied by mere...

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