WAGG v. MICKELWAIT

No. 53274.

165 N.W.2d 829 (1969)

Charles F. WAGG, Co-Executor of the Estate of Curtis L. Wagg, Deceased, Appellant, v. C. I. MICKELWAIT and A. T. Wollenhaupt, Co-Executors of the Estate of Mary L. Wagg, Deceased; Nette Belle Linn, individually and C. I. Mickelwait, as Conservator for said Nette Belle Linn, Appellees.

Supreme Court of Iowa.

March 11, 1969.


Attorney(s) appearing for the Case

R. Richard Bittner, Monty E. Stratton and William S. Gibb, Davenport, for appellant.

John E. McCracken, G. W. Vander Vennet, Davenport, and W. O. Weaver, Wapello, for appellees.


BECKER, Justice.

This is a will construction case. On application of the executor the trial court construed the will in favor of the estate of testator's wife. Testator's legal heirs appeal. We affirm.

On July 27, 1966 Curtis Wagg and wife Mary were involved in an automobile accident which resulted in the death of both spouses. Mary outlived Curtis by about an hour and forty-five minutes.

The couple had been married over thirty years but had no children...

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