MATTER OF ESTATE OF KERN

No. 61190.

274 N.W.2d 325 (1979)

In the Matter of the ESTATE of Annie I. KERN, Deceased.

Supreme Court of Iowa.

January 24, 1979.


Attorney(s) appearing for the Case

Richard S. Bordwell, Washington, for appellant guardian ad litem.

D. Bradley Kiesey, Washington, for appellant Norma Hesseltine.

Stewart, Shearer & Tindal, Washington, for appellee executor.

Considered en banc.


UHLENHOPP, Justice.

This appeal involves an attack upon the testamentary branch of the worthier title doctrine in the context of the antilapse statute, § 633.273, Iowa Probate Code.

Testatrix Annie I. Kern and her predeceased husband had but one descendant, their son Ralph Kern. Testatrix made a will giving all of her property to Ralph, who thereafter died unmarried. Testatrix died subsequent to Ralph's death, and her will was admitted to probate.

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