WESTCOTT v. WESTCOTT

No. 2-58354.

259 N.W.2d 545 (1977)

Chester P. WESTCOTT and Leta Mae Westcott, Appellees, v. Elizabeth M. WESTCOTT, Appellant.

Court of Appeals of Iowa.

Review by Supreme Court Denied October 14, 1977.


Attorney(s) appearing for the Case

John D. Randall, Cedar Rapids, and Don J. Boddicker, Vinton, for appellant.

George Lindeman of Lindeman & Yagla, Waterloo, and H. Edward Beatty, Cedar Rapids, for appellees.

Heard by ALLBEE, C. J., and DONIELSON, SNELL and OXBERGER, JJ.


PER CURIAM.

Defendant, Everett Lutz, the executor of the estate of Elizabeth M. Westcott, deceased, appeals the trial court's decree reforming a deed and dismissing defendant's counterclaim seeking establishment of a fee simple title and an accounting. On appeal, the executor alleges the trial court erred in: 1) not finding a resulting or constructive trust; 2) reforming a deed where there was no clear, satisfactory and convincing proof to justify such a decree; 3...

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