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McCARTHY v. McCARTHY

No. 53090.

162 N.W.2d 444 (1968)

Robert McCARTHY, Appellant, v. Agnes McCARTHY, Gerald McCarthy and Mary Elizabeth McCarthy, n/k/a Mary Elizabeth Trumm, Appellees.

Supreme Court of Iowa.

November 12, 1968.

Attorney(s) appearing for the Case

Jesse, LeTourneau & Johnston, by Lawrence LeTourneau, Des Moines, for appellant.

Alan E. Kean and Alfred E. Hughes, Dubuque, for appellees.

RAWLINGS, Justice.

By action in equity for declaratory judgment plaintiff seeks a construction of the will of Joseph L. McCarthy, deceased. Trial court sustained a motion to dismiss, filed by defendants Agnes McCarthy and Gerald McCarthy. Plaintiff elected to stand on the pleadings and appeals. We reverse.

By his petition filed August 25, 1967, plaintiff alleges, in substance: (a) he is the son of decedent and defendant Agnes McCarthy, brother to defendants...

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