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WAGNER v. MASKEY

No. 83-1337.

353 N.W.2d 891 (1984)

Dale E. WAGNER, Plaintiff-Appellant, v. Joyce E. MASKEY, f/k/a Wagner, and Earl E. Wagner, Defendants-Appellees.

Court of Appeals of Iowa.

June 26, 1984.

Attorney(s) appearing for the Case

Philip F. Miller, Des Moines, for plaintiff-appellant.

Thomas J. Clarke of Isaacson, Clarke, Vernon & Hodge, P.C., Des Moines, for defendants-appellees.

Considered by SNELL, P.J., and HAYDEN and SACKETT, JJ.

PER CURIAM.

Bernice Wagner died intestate in 1970 owning a farm as tenant in common with her husband, Earl R. Wagner. Under intestate succession, Earl received one-third of Bernice's undivided one-half share, or one-sixth of the entire farm, in addition to the undivided one-half share which he owned as tenant in common. Bernice's children, Joyce E. Maskey and Dale E. Wagner, each received one-third of Bernice's half, or one-sixth of the farm. Joyce and Dale gave Earl...

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