ADAMS v. BONACCI

No. 63353.

287 N.W.2d 154 (1980)

Betty ADAMS a/k/a Betty Jean Damewood, Appellant, v. Mary J. BONACCI, Administrator of the Estate of James Adams, Appellee.

Supreme Court of Iowa.

January 23, 1980.


Attorney(s) appearing for the Case

Scott H. Peters of The Peters Law Firm, P. C., Council Bluffs, for appellant.

Jack W. Peters, of Stuart, Tinley, Peters, Thorn, Smits & Sens, Council Bluffs, for appellee.

Considered by LeGRAND, P. J., and REES, UHLENHOPP, HARRIS, and McCORMICK, JJ.


LeGRAND, Justice.

In this appeal plaintiff seeks to establish her right to share in the estate of James Adams, deceased, as his surviving common law wife. The trial court denied plaintiff's petition, and we affirm.

The principal basis for plaintiff's appeal is her contention that the Dead Man Statute (§ 622.4, The Code) is unconstitutional. She also asserts that the trial court applied the wrong standard of proof in determining whether she had proved...

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