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IN RE ESTATE OF LUKE

No. 54086.

184 N.W.2d 42 (1971)

In the Matter of the ESTATE of Isabell LUKE, Deceased. Alfred LUKE, Co-Executor of the Estate of Isabell Luke, Deceased, Appellee, v. Hilda M. LUKE, Co-Executor of the Estate of Isabell Luke, Deceased, Hilda M. Luke, Mildred C. Luke, Alvin C. Luke, Verlyn D. Bradley, Maxine J. Cranston, Joseph B. Bradley, and Delbert D. Luke, the legatees, devisees, and beneficiaries under the Will of Isabell Luke, Deceased, and her Estate, Appellants.

Supreme Court of Iowa.

February 9, 1971.

Attorney(s) appearing for the Case

Fitzgibbons Brothers, Estherville, for Verlyn Bradley, defendant-appellee, appellant on cross-appeal.

James, Greer, Nelson & Bertell, Spencer, for Alfred Luke, co-executor of the Estate of Isabell Luke, plaintiff-appellee, appellant on cross-appeal, and Mildred C. Luke, Alvin C. Luke and Maxine J. Cranston, defendants-appellees, appellants on cross-appeal.

Arthur W. Smith, Emmetsburg, for Hilda M. Luke and Delbert D. Luke, defendants-appellants, appellees on cross-appeal.

RAWLINGS, Justice.

Plaintiff co-executor brought declaratory judgment action for construction of decedent's will, and for determination as to distribution of rents and apportionment of taxes between estate of deceased life tenant and remaindermen. From decree accordingly entered by trial court, all parties appeal. We reverse and remand for further proceedings.

Isabell Luke died November 2, 1965. By the terms of her will, executed December 12, 1962, slightly...

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