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IN RE ESTATE OF STAAB

No. 53652.

173 N.W.2d 866 (1970)

In the Matter of the ESTATE of Mary Groh STAAB, Deceased. CATHOLIC CHARITIES OF the DIOCESE OF SIOUX CITY, a corporation not for profit, Appellant, v. Mary Groh STAAB'S ESTATE, Appellee, St. Monica's Home, Appellee, Heirs At Law of Mary Groh Staab, Appellees, Good Shepherd's Home, Appellee.

Supreme Court of Iowa.

January 13, 1970.

Attorney(s) appearing for the Case

Gill, Dunkle, Beekley & McCormick, Sioux City, for appellant.

E. P. Murray, LeMars, for Estate of Mary Groh Staab, appellee.

Kindig, Beebe, McCluhan & Rawlings, Sioux City, for St. Monica's Home, appellee.

Orville Hames, Remsen, for Richard Staab, Milo Staab, Irvin Staab and Roman Staab, heirs at law, appellees.

Charles Knudson, Marcus, for Mary Lauters and Lucy Gertrude McLaughlin, heirs at law, appellees.

James McNally, LeMars, appointed as Guardian ad Litem for persons known or unknown, appellees.

Paul J. Yaneff, Sioux City, for The Good Shepherd's Home, appellee.

REES, Justice.

This is an action for a declaratory judgment under section 633.11, Code. Executors of estate of Mary Groh Staab, deceased, asked the Court for directions respecting the distribution of two shares of the residuary portion of the decedent's estate. From the decree of the trial court determining that a bequest of one-fourth share of the residue lapsed, the appellant appeals. We affirm.

Mary Groh Staab died testate October 4, 1967. Her will under...

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