McCUEN v. HARTSOCK

No. 52950.

159 N.W.2d 455 (1968)

Donna Jean McCUEN, Appellant, v. Harlan A. HARTSOCK, Executor of the Estate of Amos S. Hartsock and Harlan A. Hartsock, Individually, Appellees-Cross-Appellants.

Supreme Court of Iowa.

June 11, 1968.


Attorney(s) appearing for the Case

Mack, Mack & Hansen, Storm Lake, for appellant.

Donald G. Beneke, Laurens, for appellees-cross-appellants.


SNELL, Justice.

This is an action in equity brought in two counts by plaintiff appellant as a beneficiary of a joint, mutual and contractual will executed by Sadie and Amos S. Hartsock, her parents. Count I alleges that certain inter vivos transfers were made in violation of the provisions of the will. Count II asks that the money transferred be subject to a constructive trust in favor of the plaintiff. The trial court found insufficient evidence to declare a constructive...

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