MATTER OF ESTATE OF SENN

No. 64251.

298 N.W.2d 300 (1980)

In the Matter of the Estate of Larry J. SENN, deceased. Thomas J. CARPENDER, Appellant, v. The AMERICAN TRUST & SAVINGS BANK OF DUBUQUE, Iowa, Executor of the Estate of Larry J. Senn, Deceased, Appellee.

Supreme Court of Iowa.

Rehearing Denied December 11, 1980.


Attorney(s) appearing for the Case

Michael A. Stapleton of Klauer, Stapleton, Ernst, Gilloon & McCauley, Dubuque, for appellant.

Stephen J. Juergens of Fuerste, Carew, Coyle, Juergens & Sudmeier, Dubuque, for appellee.

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


UHLENHOPP, Justice.

This appeal involves a question of whether the assets of an estate are sufficient to pay a claim which was allowed. The parties submit three main issues but we find no necessity to dwell at length on the first two of them; the third issue determines the case in any event.

Lawrence J. and Ruth M. Senn, spouses, had a number of children, several of whom were minors at the times in question. The Senns owned a home in joint tenancy. Lawrence...

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