HOUTS v. JAMESON

No. 55145.

201 N.W.2d 466 (1972)

Wallace A. HOUTS and Wallace Sayre Houts as Representative of the Class of Heirs of Wallace A. Houts, Appellants, v. George Leslie JAMESON et al., Appellees.

Supreme Court of Iowa.

October 18, 1972.


Attorney(s) appearing for the Case

Whitfield, Musgrave, Selvy, Kelly & Eddy, by Gary Gately and Michael J. Maher, Des Moines, for appellants.

Bordewick, Fischer & Fischer, by M. H. Bordewick and B. M. Fischer, Vinton, for appellees.

Heard before MOORE, C. J., and UHLENHOPP, REYNOLDSON, HARRIS and McCORMICK, JJ.


REYNOLDSON, Justice.

In this proceeding to construe a will, trial court held a residuary bequest of trust corpus effected a per capita and not per stirpes distribution, among five beneficiaries in specific shares. We modify and affirm.

W. E. Gilchrist, age 91, died May 30, 1964. This testator was survived by his wife; a nephew Wallace A. Houts; the heirs (four children) of C. C. Jameson, a deceased nephew; and two...

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