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MATTER OF ESTATE OF PETERSON

No. 2-59512.

263 N.W.2d 555 (1977)

In the Matter of the ESTATE of Marie B. PETERSON, Deceased, J. Allen Orr, Executor. Appeal of Marvin GEHRTS and Lydia Gehrts.

Court of Appeals of Iowa.

December 28, 1977.

Attorney(s) appearing for the Case

Rosemary Sheehan, Sioux City and Thomas Yates, Holstein, for appellants.

Warren G. Dunkle, Sioux City, for appellees.

J. Allen Orr, Sioux City, for executor.

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

SNELL, Judge.

Marvin and Lydia Gehrts were devised a quarter section of farmland in Cherokee County, Iowa, by the will of Marie B. Peterson who died March 13, 1974. For three or four years prior to her death the farm had been farmed by Eugene Gehrts, son of Marvin and Lydia. The 1974 crop year produced $12,869.37 from the landlord's share of the crop. Marvin and Lydia claim the money as devisees. The executor claims the...

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