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FIRST NAT. BANK OF DUBUQUE v. MACKEY

No. 69129.

338 N.W.2d 361 (1983)

The FIRST NATIONAL BANK OF DUBUQUE, As Trustee Under Agreement With Viola B. James, Appellee, v. Evelyn M. MACKEY, Appellee, and John B. Wathen, Richard H. Wathen, and Viola Wathen Sheehan, Appellants.

Supreme Court of Iowa.

Rehearing Denied October 13, 1983.

Attorney(s) appearing for the Case

Kenneth S. Handmaker of Middleton & Reutlinger, Louisville, Ky., and Leo A. McCarthy and Chadwyn D. Cox of Reynolds, Kenline, Breitbach, McCarthy, Clemens, McKay & Nigg, Dubuque, for appellants.

Francis J. O'Connor of O'Connor, Thomas, Hammer, Bertsch & Norby, Dubuque, for appellee First Nat. Bank of Dubuque.

Allan J. Carew and Laura J. Hahn of Fuerste, Carew, Coyle, Juergens & Sudmeier, Dubuque, for appellee Evelyn M. Mackey.

Considered by REYNOLDSON, C.J., and HARRIS, McCORMICK, SCHULTZ and CARTER, JJ.

McCORMICK, Justice.

We must decide here whether a person adopted as an adult is necessarily a "legally adopted child" within the meaning of a trust instrument. The trial court entered summary judgment for the adopted person in this interpleader action after answering the question affirmatively. Because we give a negative answer to the question, we reverse and remand.

Viola B. James executed a trust agreement in 1953, naming plaintiff, The First National Bank...

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