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IN RE ESTATE OF GOEDERS v. FILLENWARTH

No. 52308.

148 N.W.2d 438 (1967)

In the Matter of the ESTATE of Bert GOEDERS, Deceased. Ruth FILLENWARTH, Administratrix with Will Annexed of the Estate of Bert J. Goeders, Deceased, Appellant, v. Alma WEIR, Appellee.

Supreme Court of Iowa.

February 7, 1967.

Attorney(s) appearing for the Case

Fitzgibbons & Fitzgibbons and Fillenwarth & Fillenwarth, Estherville, for appellant.

Daniel D. Sanderson, Estherville, for appellee.

STUART, Justice.

Alma Weir filed a claim against the Estate of Bert Goeders based on a promissory note payable on his death in the amount of $8000 secured by a real estate mortgage. She also claimed his household goods under a bill of sale. Administratrix filed a petition to sell real estate and to cancel the note, mortgage and bill of sale. These two matters were consolidated and tried in probate. The trial court sitting as a trier of fact found for claimant. Administratrix...

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