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SCHAEFER v. MERCHANTS NATIONAL BANK OF CEDAR RAPIDS

No. 53009.

160 N.W.2d 318 (1968)

Ellen Keeler SCHAEFER, Plaintiff-Appellee, v. MERCHANTS NATIONAL BANK OF CEDAR RAPIDS, Iowa, Trustee Under the Will of Ellen C. Keeler and Trustee of a certain Inter Vivos Trust Agreement dated July 26th, 1939, bearing Trust No. 425, Defendant-Appellee; Eleanor Putnam Sewall, Defendant-Appellant; and Leila Love Keeler, Defendant.

Supreme Court of Iowa.

July 18, 1968.

Attorney(s) appearing for the Case

Lynch, Dallas, Smith & Harman, Cedar Rapids, for defendant-appellant, Eleanor Putnam Sewall.

Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for defendant-appellee, Merchants National Bank of Cedar Rapids.

Nazette & Bromwell, Cedar Rapids, for plaintiff-appellee.

STUART, Justice.

The ultimate question for our determination is whether Eleanor Putnam Sewall (who was adopted by Charles Butler Keeler, the beneficiary of inter vivos and testamentary trusts, thirteen years after the execution of the trust instruments and nine years after the death of the settlor-testatrix) was intended by said settlor-testatrix to be included in the gift to the class denominated in the trust instruments as "direct heirs" of the beneficiary. The...

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