NEWBURY v. McCAMMANT

No. 54062.

182 N.W.2d 147 (1970)

Kenneth W. NEWBURY, Executor of the Estate of Kate E. Fults, Deceased, Plaintiff-Appellee, v. Thelma McCAMMANT, E. J. Watt, Elizabeth Tatem, Ardis Peterson, Harold Watt, Patricia Nagle, Billy Jean Michelson, Katherine Marline Felts, and Rose Watt, Defendants-Appellants, Ray Fults, Clinton Fults, Fred Fults, Harold Fults, T. R. Fults, and Mrs. Arnold Edming, Defendants-Appellees.

Supreme Court of Iowa.

Rehearing Denied March 9, 1971.


Attorney(s) appearing for the Case

Finley & Teas, Mason City, for appellants.

Whitesell Law Firm, Iowa Falls, for appellee.

Johns, Flaherty, Harman & Gillette, LaCrosse, Wis., for defendants-appellees Harold Fults, T. R. Fults, and Mrs. Arnold Edming.


RAWLINGS, Justice.

By declaratory judgment action, Kenneth W. Newbury, executor of the estate of Kate E. Fults, deceased, seeks a construction of Articles VI and VII of decedent's will, more particularly as to whether the Article VI bequest adeemed. Trial court held it did and the property involved passed as residue. Adversely affected defendants appeal. We reverse.

Plaintiff executor takes no part in these appellate proceedings. The contest here is solely...

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