McCARTHY v. McCARTHY

No. 53966.

178 N.W.2d 308 (1970)

Robert McCARTHY, Appellant, v. Agnes McCARTHY, Gerald McCarthy and Mary Elizabeth McCarthy n/k/a Mary Elizabeth Trumm, Appellees.

Supreme Court of Iowa.

June 23, 1970.


Attorney(s) appearing for the Case

Jesse, LeTourneau & Johnston, by Lawrence LeTourneau, Des Moines, for appellant.

Alan E. Kean and Alfred E. Hughes, Dubuque, for appellees.


RAWLINGS, Justice.

Action in equity by plaintiff remainderman against mortgaging life tenant in possession of farm land, and others, seeking construction of granting will, and an accounting. Trial court held adverse to plaintiff and from order of dismissal, he appeals. We affirm.

Plaintiff is one of testator's sons. Defendants are testator's wife, another son, and daughter. For convenience Agnes McCarthy, widow and life tenant, will be treated as sole defendant...

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