THIELE v. WHITTENBAUGH

No. 63712.

291 N.W.2d 324 (1980)

Vera LaVerle THIELE, Milo George Whittenbaugh, Martin Gaylen Whittenbaugh, Edith LaZaida Moran, Penny A. McComb, Arthur V. James, William T. Charpier, Jr., Donna Jean Charpier, William Francis Whittenbaugh, Walter Faye Whittenbaugh, Marjorie Evelyn Knox, Rex Krivanek, and Nellie Ruth Clemens Yurkovich, Appellants, v. Maude E. WHITTENBAUGH, Robert L. Anthony, Executor of the Estate of William Whittenbaugh, Deceased, and Russell Jennings, Appellees.

Supreme Court of Iowa.

April 23, 1980.


Attorney(s) appearing for the Case

R. L. Donohue and James S. Updegraff, West Union, for appellants.

R. L. Van Veldhuizen and M. S. O'Brien of O'Brien Law Firm, Oelwein, for appellees.

Considered by HARRIS, P. J., and McCORMICK, ALLBEE, McGIVERIN, and LARSON, JJ.


McGIVERIN, Justice.

This appeal involves questions that arose in an action to partition land between a life tenant, the second wife of a testator, and remaindermen under the testator's will. The trial court ordered the sale of the land and ruled that the partition sale proceeds were to be invested by a court-appointed trustee, with the income to be paid to the life tenant; and if the income was insufficient, the corpus of the trust could be invaded to pay the "expense...

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