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MATHEW v. MATHEW

No. 55514.

209 N.W.2d 573 (1973)

Gerald C. MATHEW, Appellant, v. Paul J. MATHEW, Trustee under the Last Will and Testament of J. M. Mathew, et al., Appellees.

Supreme Court of Iowa.

July 3, 1973.

Attorney(s) appearing for the Case

Richard C. Bauerle of Johnson, Bauerle & Hester, Ottumwa, for appellant.

Hugh B. McCoy of McCoy & Faulkner, Oskaloosa, for appellees.

Heard before MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and McCORMICK, JJ.

MASON, Justice.

This is an appeal from the trial court's decree entered in a declaratory judgment action brought to construe paragraph 3 of item 2 of the will of James M. Mathew who died November 10, 1951, a resident of Mahaska County.

Decedent's will dated June 29, 1938 was admitted to probate November 17, 1951. He was survived by his widow, Ethel, who died November 26, 1970. J. M. Mathew had six children. Two sons, I. E. Mathew and Walter Ray Mathew, predeceased...

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