ELLIOTT v. HIDDLESON

No. 64584.

303 N.W.2d 140 (1981)

Judith ELLIOTT, Appellant, v. Marvin HIDDLESON, Don Hiddleson, Marilyn Pentico, Keith Hiddleson, Lois Consier, Janice Swanson and Darrell Doidge, Appellees.

Supreme Court of Iowa.

Rehearing Denied April 10, 1981.


Attorney(s) appearing for the Case

Michael F. Mumma of Reading, Pauley, Horak & Mumma, Jefferson, for appellant.

Richard Poffenberger of Joy, Poffenberger & Joy, Perry, for appellees.

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


McCORMICK, Justice.

The question in this partition action concerns the right of an adopted child to take under the will of a stranger to the adoption. Applying the "stranger to the adoption" rule, the trial court held that plaintiff Judith Elliott was not a lineal heir of her adopting mother within the terms of her adoptive grandfather's will. Because we reject the rule and the conclusion, we reverse and remand.

Plaintiff sought partition of 160 acres of Dallas...

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