IN RE ESTATE OF JOHNSON

No. 55884.

213 N.W.2d 536 (1973)

In the Matter of the ESTATE of Dale Eugene JOHNSON, Deceased. Norma JOHNSON, Appellant, v. Beverly Sue JOHNSON, Individually and as Administrator of the Estate of Dale Eugene Johnson, Deceased, Appellee.

Supreme Court of Iowa.

December 19, 1973.


Attorney(s) appearing for the Case

Charles F. Knudson, of Marcus, for appellant.

Miller, Miller & Miller, Cherokee, for appellee.

Heard before MOORE, C. J., and RAWLINGS, LeGRAND, REES and REYNOLDSON, JJ.


REYNOLDSON, Justice.

This appeal requires us to resolve a controversy between Beverly Sue Johnson, a surviving spouse, and Norma Johnson, decedent's mother, over disposition of a settlement in a wrongful death action. The surviving spouse as administrator of the estate filed a petition in the probate proceeding for declaratory judgment, contending the total recovery was exempt property and belonged to her. The trial court so held, and we reverse.

In the proceeding...

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