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MATTER OF ESTATE OF PREHODA

No. 2-64665.

309 N.W.2d 516 (1981)

In the Matter of the ESTATE OF Bessie PREHODA, Deceased. Janice GRIMM, Individual and Janice Grimm, As Next of Friend to Denise Grimm, Diane Grimm, and Douglas Grimm, Plaintiffs-Appellees, v. Paul M. SCHERRER, Executor of the Estate of Bessie Prehoda, Deceased; and Edward P. Scherrer, Beneficiary of the Estate of Bessie Prehoda, Deceased, Defendants-Appellants.

Court of Appeals of Iowa.

March 24, 1981.

Attorney(s) appearing for the Case

Tom Riley, and Gregory M. Lederer of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for defendants-appellants.

Donald B. Clark of Norton, Freese, Zearly & Bates, Lowden, for plaintiffs-appellees.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER and JOHNSON, JJ.

PER CURIAM.

Defendants, executor, Paul M. Scherrer, and beneficiary, Edward P. Scherrer, appeal from trial court's order rejecting their claims asserted in response to plaintiffs' petition to set aside probate of a will under section 633.308, The Code 1979. Defendants claim 1) that plaintiffs' action is precluded by a 1965 joint and mutual will executed by decedent, Bessie Prehoda, and her predeceased husband, Wesley, and 2) that plaintiffs are bound by the 1966 probate...

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