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DUHME v. DUHME

No. 59366.

260 N.W.2d 415 (1977)

Melvin A. DUHME, Thelma A. Blatt, Arlene A. Tegmier, and Helen A. Spratt, Appellees, v. Kenneth A. DUHME, as Executor of the Estate of Fred Duhme, Deceased, Elmer A. Duhme, Kenneth A. Duhme, Albert A. Duhme, Chester A. Duhme, Harold A. Duhme, and Raymond A. Duhme, Appellants.

Supreme Court of Iowa.

December 21, 1977.

Attorney(s) appearing for the Case

Dennis E. Roberson, Maquoketa, for appellant, Kenneth Duhme.

Goodenow & Wright, Maquoketa, for appellant, Raymond A. Duhme.

Kintzinger, Kintzinger, Van Etten, Setter & King, Dubuque, for appellants, Elmer A. Duhme and Chester A. Duhme.

Sokol & Sokol, Maquoketa, for appellant, Albert Duhme.

Remley & Heiserman, Anamosa, for appellees.

Submitted to MOORE, C. J., and MASON, LeGRAND, REYNOLDSON and HARRIS, JJ.

MASON, Justice.

This is an appeal by defendants, Raymond A. and Albert A. Duhme, from the trial court's decree granting relief in the nature of specific performance of the contractual provisions of the mutual wills of Fred and Mary Duhme, their father and mother. Mary Duhme died July 4, 1965; Fred died February 22, 1975.

There is no dispute Fred and his wife Mary Duhme executed mutual wills March 25, 1960. However, Fred Duhme made a first codicil to his last...

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