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HARVEY v. LEONARD

No. 58586.

268 N.W.2d 504 (1978)

Ruth HARVEY, Plaintiff-Appellee Appellant on Cross-Appeal, William H. Daubendiek, II, James L. Daubendiek, Sarah Daubendiek, Stephany Harvey, Susan Harvey, Kathleen Harvey, and All unborn blood descendants of W. H. Daubendiek provided for as Residual Beneficiaries under the Last Will and Testament of W. H. Daubendiek, Deceased, Additional Plaintiffs, v. Letha I. LEONARD and F. W. Daubendiek, Defendants, Eugene Daubendiek and William C. Daubendiek, Defendants-Appellants Appellees on Cross-Appeal, Robert W. Daubendiek, Additional Defendant.

Supreme Court of Iowa.

June 28, 1978.

Attorney(s) appearing for the Case

Johnson, Burnquist, Erb, Latham & Gibb and James L. Kramer, Fort Dodge, for defendants-appellants appellees on cross-appeal Eugene and William C. Daubendiek.

Whitesell Law Firm, Iowa Falls, for plaintiff-appellee appellant on cross-appeal Ruth Harvey.

Kersten, Opheim, Carlson & Estes, Fort Dodge, for defendant Letha I. Leonard.

Charles F. Knudson, Marcus, for defendant F. W. Daubendiek.

Considered by MOORE, C. J., and MASON, REES, REYNOLDSON and McCORMICK, JJ.

REES, Justice.

This appeal is from a judgment of the District Court of Palo Alto County in which the trial court found the defendants as trustees of the testamentary trust under the will of W. H. Daubendiek had breached their fiduciary duty to the trust in causing or permitting the trust to lose control of the Jefferson Telephone Company, which had been in the control of the decedent. Two of the defendants, Eugene and William C. Daubendiek, have appealed and the plaintiff...

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