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IN RE ESTATE OF FAIRLEY

No. 52918.

159 N.W.2d 286 (1968)

In the Matter of the ESTATE of Rosa FAIRLEY, Deceased. Frank S. FAIRLEY and James W. Fairley, Executors, Frank S. Fairley and James W. Fairley, Executors of the Estate of Rosa Fairley, Plaintiffs-Appellees, v. Lea FAIRLEY, Frank S. Fairley and James W. Fairley, Defendants-Appellants.

Supreme Court of Iowa.

June 11, 1968.

Attorney(s) appearing for the Case

James T. Holmes, and Lynch, Dallas, Smith & Harman, Cedar Rapids, for defendant, appellant, Lea Fairley.

White, Stone & Horan, Marion, for plaintiffs and for defendants, Frank S. Fairley and James W. Fairley, appellees.

STUART, Justice.

This action to obtain judicial construction of the Last Will and Testament and Codicil of Rosa Fairley was brought by Frank S. Fairley and James W. Fairley individually and as executors claiming the will and codicil are ambiguous when read together and there is doubt and uncertainty as to the interests of the parties thereunder. Defendant, Lea Fairley, alleges there is no ambiguity. His application for separate adjudication of law points resulted...

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