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IN RE ESTATE OF LAMP

No. 53678.

172 N.W.2d 254 (1969)

In the Matter of the ESTATE of Maude Leber LAMP, Deceased. Robert O. LEBER, James E. Leber, Floyd C. Leber, Appellants, v. ESTATE of Maude Leber LAMP, Deceased; Gail M. Richardson, Executor and Trustee of the Estate of Maude Leber Lamp, Deceased; State Board of Regents for the State of Iowa representing Iowa State University and State University of Iowa; and College of Osteopathic Medicine and Surgery (also known as Still College of Osteopathy), Appellees.

Supreme Court of Iowa.

November 12, 1969.

Attorney(s) appearing for the Case

Taylor & Taylor, and Robert E. Feilmeyer, Guthrie Center, for appellants.

Richard C. Turner, Atty. Gen., and Elizabeth Nolan, Asst. Atty. Gen., for appellee State of Iowa.

Arthur O. Leff, Iowa City, Special Counsel for appellee State Board of Regents.

Herrick, Langdon, Belin & Harris, Des Moines, for appellee College of Osteopathic Medicine and Surgery.

Richardsons & Handley, Jefferson, for appellee Gail M. Richardson.

LARSON, Justice.

This is a declaratory judgment action wherein appellants, the children of a deceased brother and only heirs at law of testator, Maude Leber Lamp, contend that by its terms the will of decedent creates a partial intestacy and that appellants, by rule of statutory descent, inherit the residual estate of which decedent died intestate.

Maude Leber Lamp died on November 23, 1967, and her will, dated July 8, 1963, was admitted to probate on November...

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