MATTER OF ESTATE OF HERRING

No. 59881.

265 N.W.2d 740 (1978)

In the Matter of the ESTATE OF Elmer A. HERRING, Deceased.

Supreme Court of Iowa.

Rehearing Denied July 20, 1978.


Attorney(s) appearing for the Case

Daniel W. Boyle of Schulman, Phelan, Tucker, Boyle & Mullen, Iowa City, for appellant (applicant-appellee), Elsie Swanson, Executor of the Estate of Fred Swanson, deceased.

Robert W. Jansen of Trott, Jansen & Bramhall, Iowa City, for appellee (resister-appellant), John L. Mumm, American Legion Post of Lone Tree, Iowa.

Considered by MOORE, C. J., and LeGRAND, REES, HARRIS and McCORMICK, JJ.


MOORE, Chief Justice.

Residuary legatee appeals from trial court construction of will order which held landlord-testator's devise of fee to tenant merged leasehold into freehold and consequently landlord-testator's one-half share of unharvested unmatured crops passed in its entirety as real estate to the tenant-devisee. On appeal, the Court of Appeals reversed the trial court. We granted further review.

The facts are not disputed. Elmer A. Herring died unmarried...

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