HOLLENBECK v. GRAY

No. 54308.

185 N.W.2d 767 (1971)

LaVerna HOLLENBECK, Executrix of the Estate of Mabel L. Meibergen, Deceased, Appellee, v. John R. GRAY, Bernice Holmes, Sister Audrey Gray, Mary Lou Driskill, Charles H. Gray, James W. Gray, Caroline Johnson and Elaine De Spain, Appellants.

Supreme Court of Iowa.

April 9, 1971.


Attorney(s) appearing for the Case

Crary, Huff & Yates, Sioux City, for appellants.

R. Michael Sweesy, Mason City, for appellee, LaVerna Hollenbeck Executrix.

Finley & Teas, Mason City, for appellee, Easter Seal Society for Crippled Children and Adults of Cerro Gordo County, Iowa.

Laird, Burington, Bovard & Heiny, Mason City, for appellee, Cerro Gordo County Tuberculosis and Health Assn.

James O'Donohue, New Hampton, for appellee, American Cancer Society, Iowa Division, Inc.

Ray E. Clough, Mason City, for unknown claimants.


LeGRAND, Justice.

This de novo appeal involves a dispute over the meaning of Paragraph III(q) of the Last Will and Testament of Mabel L. Meibergen, who died December 30, 1966. Her executor filed a petition for construction of the will because of uncertainty as to the identity of four legatees named to share equally in the residuary estate. Prior to trial the parties stipulated that the Winnebago Council of the Boy Scouts of America was entitled to take under the will...

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