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MATTER OF ESTATE OF YOUNG

No. 61583.

273 N.W.2d 388 (1978)

In the Matter of the ESTATE of Virgene Mae YOUNG, Deceased. Jerry YOUNG, Appellant, v. Martha YOUNG and Dick Young, Appellees.

Supreme Court of Iowa.

December 20, 1978.

Attorney(s) appearing for the Case

Laird, Burington, Bovard, Heiny & McManigal by Don W. Burington and Gerald M. Stambaugh, Mason City, for appellant.

Wood & Morrison, Webster City, for appellees.

Considered by REES, P. J., and UHLENHOPP, HARRIS, McGIVERIN, and LARSON, JJ.

UHLENHOPP, Justice.

This appeal involves the authority of a probate court to establish a trust to administer wrongful death damages.

Jerry Young and his wife Virgene Mae Young, deaf mutes, had two children, Martha and Dick. Jerry sustained severe personal injuries and Virgene was killed in an automobile accident on March 10, 1975. At that time § 633.336 of the Iowa Probate Code provided:

When a wrongful act produces death, damages recovered therefor...

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