RITTER v. DAGEL

No. 52737.

156 N.W.2d 318 (1968)

Camilla Conley RITTER, Appellant, v. Roger DAGEL, Ralph Newport, Arthur Conley, Jean Conley Brokaw, and Marcia Conley Grupp, Appellees.

Supreme Court of Iowa.

February 6, 1968.


Attorney(s) appearing for the Case

Lawyer, Lawyer, Ray & Crouch, Des Moines, for appellant.

Joy, Wifvat & Poffenberger, Perry, for appellees.


GARFIELD, Chief Justice.

This appeal involves an important question as to the time within which a law action to set aside probate of a will under Iowa Probate Code, chapter 633 Code 1966, must be commenced and the manner of commencing it.

More particularly, the question is whether the statute of limitations for the commencement of such an action is tolled by the filing of the petition or is plaintiff also required to deliver an original notice thereof to the...

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