HUSE v. NOFFKE

No. 2-61429.

271 N.W.2d 682 (1978)

Helen I. HUSE et al., Appellants, v. Robert A. NOFFKE et al., Appellees.

Supreme Court of Iowa.

November 22, 1978.


Attorney(s) appearing for the Case

Carroll K. Wood, Webster City, for appellants.

Edna S. Rodenborn, Webster City, for appellees.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, McGIVERIN and LARSON, JJ.


LARSON, Justice.

Plaintiffs here have petitioned for the sale of real estate, devised to Helen Huse for her life with remainder to her heirs, under § 557.9, The Code, and Rules of Civil Procedure 270-298. The trial court denied the petition, and we affirm.

The "joint and mutual" will of Henry A. Noffke and his wife, Mary, was executed in 1948 and was fully administered upon as to both testators. Henry's was the last estate administered, and he is thus...

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