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IN THE MATTER OF ESTATE OF GAUCH

No. 65441.

308 N.W.2d 88 (1981)

In the Matter of the ESTATE OF Dorothy GAUCH, Deceased. Randall R. TIMM and Alphond M. Timm, Appellants, v. Melvin L. DYKSTRA, Fiduciary of the Estate of Dorothy Gauch, Deceased, Appellee.

Supreme Court of Iowa.

July 15, 1981.

Attorney(s) appearing for the Case

Carl E. Peterson and Ross Adair of Grimes, Peterson, Buck & Schoell, Marshalltown, for appellants.

Garold F. Heslinga and David D. Dixon of Heslinga & Heslinga, Oskaloosa, for appellee.

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

UHLENHOPP, Justice.

This appeal involves a claim against a life tenant's fiduciary based on waste. Our decision turns on our scope of review.

George Gauch died testate on May 5, 1957, survived by his widow Dorothy Gauch and his sister Bertha Gauch. He owned a farm in Jasper County, Iowa. Among the clauses in his will were these two:

SECOND: I give and bequeath to my wife, Dorothy Gauch, in the event she survives me and for the term of her natural...

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