MATTER OF ESTATE OF CHAPMAN

No. 2-57111.

239 N.W.2d 869 (1976)

In the Matter of the ESTATE OF Bernard R. CHAPMAN, Deceased. Janice LAMPHIER et al., Appellants, v. Dorrance CHAPMAN et al., Appellees.

Supreme Court of Iowa.

March 17, 1976.


Attorney(s) appearing for the Case

David M. Hughes, Cascade, for appellants.

Peter W. Klauer, Dubuque, and Thomas Gilloon, Dyersville, for appellee.

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


LeGRAND, Justice.

The question we must first decide is whether the instruments executed in 1962 by Bernard R. Chapman and his wife Hilda Chapman were joint and mutual wills. If this question is answered affirmatively, we must then determine what happens when a survivor attempts to dispose of property in violation of the terms of such an instrument.

The case reaches us on a petition to set aside Bernard's 1962 will. The petition seeks the admission to probate...

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