RUSSELL v. JOHNSTON

No. 67634.

327 N.W.2d 226 (1982)

Sherry RUSSELL, Robert Russell, II, Appellants, v. Marie K. JOHNSTON, Executor of the Estate of Robert R. Russell, Deceased, Appellee.

Supreme Court of Iowa.

December 22, 1982.


Attorney(s) appearing for the Case

T.K. Ford, Burlington, for appellants.

Robert J. Todd and Edward W. Dailey of Edward W. Dailey Law Offices, P.C., Burlington, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, LARSON, and SCHULTZ, JJ.


SCHULTZ, Justice.

Two issues are presented in this appeal from a ruling in a will construction action. First, we must determine whether a devise in decedent's will to a woman who decedent later married was revoked by the subsequent dissolution of that marriage. The district court held that the devise was not so revoked. Second, we must decide whether the district court erred in interpreting a contingent provision of decedent's will. The district court held that if...

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