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IN RE ESTATE OF HILL

No. 51993.

140 N.W.2d 711 (1966)

In the Matter of the ESTATE of James Dewey HILL. Otto FRATZKE, Individually and Otto Fratzke, Executor, Appellants, v. ALLEN MEMORIAL HOSPITAL, INC., Waterloo, Iowa, and Mercy Hospital, Oelwein, Iowa, Appellees.

Supreme Court of Iowa.

Rehearing Denied May 3, 1966.

Attorney(s) appearing for the Case

Wayne Kemmerer, Oelwein, and Beving & Swanson, Des Moines, for appellants.

Barnes, Wadsworth, Elderkin, Locher & Piernie, Cedar Rapids, for appellee Mercy Hospital.

Beecher, Buckmaster, Beecher & Lindeman, Waterloo, for appellee Allen Memorial Hospital, Inc.

MOORE, Justice.

James Dewey Hill died October 18, 1963 leaving a will dated April 1, 1963 the pertinent parts of which provide:

"Article Two. I hold them in affection but nevertheless leave nothing to either of my sisters Hilda Fink and Carmen Hill.

"Article Three. In event I own real estate at the time of my death but not otherwise, all of my said real estate I hereby give and devise one-half thereof to...

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