IN RE ESTATE OF RYDER

No. 56535.

219 N.W.2d 552 (1974)

In the Matter of the ESTATE of Thomas H. RYDER, Deceased. Thomas H. RYDER, Jr., Executor, Appellee, v. R. Bruce McCLOSKEY, Conservator for Vallie S. Ryder, Appellant.

Supreme Court of Iowa.

June 26, 1974.


Attorney(s) appearing for the Case

Bierman & Bierman, Grinnell, for appellant.

Brierly, McCall & Girdner, Newton, for appellee.

Heard before MOORE, C.J. and RAWLINGS, LeGRAND, UHLENHOPP and HARRIS, JJ.


LeGRAND, Justice.

The question to be decided is whether a joint instrument executed on November 10, 1954, by Thomas H. Ryder and Fannie Ryder, husband and wife, was a mutual will binding upon Thomas H. Ryder, who survived his wife and who later made a new testamentary disposition of property including provisions in favor of Vallie S. Ryder, whom he married following the death of Fannie. The trial court held the instrument to be a mutual will. We reverse.

The...

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