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MATTER OF ESTATE OF FRANZKOWIAK

No. 63480.

290 N.W.2d 1 (1980)

In the Matter of the ESTATE OF Dorathy A. FRANZKOWIAK, Deceased. Frank M. FRANZKOWIAK and Henry W. Franzkowiak, Appellants, v. Russell S. WUNSCHEL, George L. Franzkowiak, and Dwayne E. Franzkowiak, Appellees.

Supreme Court of Iowa.

March 19, 1980.

Attorney(s) appearing for the Case

Morris C. Hurd, Ida Grove, for appellants.

James R. VanDyke, of Wunschel Law Firm, Carroll, for appellee Wunschel.

Barry T. Bruner, of Bruner & Bruner, Carroll, for appellees Franzkowiak.

Considered by REYNOLDSON, C. J., and LeGRAND, REES, UHLENHOPP, and McGIVERIN, JJ.

UHLENHOPP, Justice.

In this appeal we deal with the right to possession of a decedent's real property during the pendency of a contest of wills allegedly made by her.

Dorathy A. Franzkowiak died on September 12, 1977, owning real estate including a farm of 110 acres ("the farm"). She was survived by four sons: Frank, Henry, George, and Dwayne. Frank was the farm tenant. On September 22, 1977, a 1967 will executed by Mrs. Franzkowiak was offered and admitted...

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