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IN RE ESTATE OF GRUIS

No. 55052.

207 N.W.2d 571 (1973)

In the Matter of the ESTATE of Bert GRUIS, Deceased. Ben GRUIS et al., Appellants, v. WINNEBAGO COUNTY, Iowa, et al., Appellees.

Supreme Court of Iowa.

May 23, 1973.

Attorney(s) appearing for the Case

Winkel, Nitchals & Winkel, Algona, for appellants.

Laird, Burington, Bovard & Heiny, Mason City, and Hutchison, Buchanan, Andreasen & McClure, Algona, for appellees.

Heard by MOORE, C.J., and MASON, REES, UHLENHOPP and McCORMICK, JJ.

REES, Justice.

This is an action at law to set aside the probate of the will of one Bert Gruis. Plaintiffs alleged lack of testamentary capacity to make a valid will; a jury was empanelled and at the close of all the evidence the court sustained a motion to direct, and plaintiffs-contestants appeal. We affirm.

Bert Gruis died at the age of 76 years, on November 3, 1968. He had never married, and the contestants...

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