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IN RE ESTATE OF MACKEY

No. 54964.

197 N.W.2d 622 (1972)

In the Matter of the Estate of N. M. MACKEY, Deceased. Fern Mackey DINGWELL, Appellant, v. William D. KURTH, Executor of the Estate of N. M. Mackey, Deceased, and George A. Meier, Executor of the Estate of Frances J. Mackey, Deceased, Appellees.

Supreme Court of Iowa.

May 11, 1972.

Attorney(s) appearing for the Case

David E. Green and Leighton A. Wederath, Carroll, for appellant.

William D. Kurth, Carroll, executor of the estate of N. M. Mackey, deceased, for appellee.

William D. Kurth, Carroll, for George A. Meier, executor of the estate of Frances J. Mackey, deceased, for appellee.

REES, Justice.

This appeal is from an order of the district court appointing a successor executor on the death of one of the appointed and qualified executors of the estate of N. M. Mackey, deceased. The appellant asserts the trial court erred in appointing a successor executor when the will specifically provided that the surviving qualified executor should be permitted to serve alone. We affirm the trial court.

N. M. Mackey, a resident of Carroll County,...

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