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SHIVVERS v. MUELLER

No. 68315.

340 N.W.2d 586 (1983)

Charles C. SHIVVERS, Elnora Shivvers Dimm, Gerald J. Shivvers, Mark A. Shivvers, and Owen W. Shivvers, Appellants, v. Ernest MUELLER and Dorothy Mueller, Executors of the Estate of Ralph W. Shivvers, Appellees.

Supreme Court of Iowa.

Rehearing Denied December 21, 1983.

Attorney(s) appearing for the Case

Timothy J. Finn of Curtis, Finn & Pattinson, Ames, for appellants.

Carroll Johnson of Johnson, Jordan & Lane, Knoxville, for appellees.

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

HARRIS, Justice.

The question is whether a claim was presented too late to be considered as a part of probate proceedings. The trial court thought so and we agree. We accordingly vacate a contrary decision of the court of appeals.

Ralph Shivvers died testate in December 1977. The bulk of his will left his property to an only daughter and her children. The daughter and her husband are executors of the estate. Notice of probate was duly published and the period...

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