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OXLEY v. OXLEY

No. 59664.

262 N.W.2d 144 (1978)

In the Matter of the Estate of Ruth Marion OXLEY, Deceased, Farmers State Bank, Marion, Iowa, Executor of the Estate, Plaintiff-Appellee, v. George A. OXLEY, Kathleen Eacutt, Ruth E. Oxley, Defendants-Appellees, and Covenant Presbyterian Church of Long Beach Unified School District, Defendant, and John Wayne Oxley, Clela O. Blankmeyer, Defendants-Appellants.

Supreme Court of Iowa.

January 18, 1978.

Attorney(s) appearing for the Case

Patrick M. Roby and W. R. Shuttleworth, of Shuttleworth & Ingersoll, Cedar Rapids, and James H. Counts and Stephen J. Briggs, of Morton, Reed & Counts, St. Joseph, Mo., for defendants-appellants John Wayne Oxley and Clela O. Blankmeyer.

Winfield A. White of White, Stone & Horan, Marion, for plaintiff-appellee.

David A. Elderkin of Wadsworth, Elderkin, Pirnie & Von Lackum, Cedar Rapids, for defendants-appellees.

Heard before MOORE, C. J., and MASON, RAWLINGS, REYNOLDSON and HARRIS, JJ.

MASON, Justice.

Defendants, John Wayne Oxley and Clela O. Blankmeyer, appeal from an adverse decree of the trial court in an action brought by the executor of the estate of Ruth M. Oxley seeking construction of the last will and testament of the decedent. The appeal presents the question whether four certificates of deposit listed in Schedule C of the probate inventory of the decedent's estate should be included in the bequest of "stocks, bonds and/or securities"...

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