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MATTER OF ESTATE OF THOMPSON

No. 83-262.

346 N.W.2d 5 (1984)

In the Matter of the ESTATE OF Virgil C. THOMPSON, Deceased; Leonard Eickman and Donald Long, Co-Executors. Lowell THOMPSON, Henry Thompson and Florence O'Leary, Appellants, v. Leonard EICKMAN and Donald Long, Co-Executors of the Estate of Virgil Thompson, Deceased; United Presbyterian Church of Fonda, Iowa, Trustees of the Grand Charity Funds of the Grand Lodge of Iowa A.F. and A.M., United Presbyterian Church of Lytton, Iowa, Marlyn K. Thompson, Brian James Hoerl, Margie McComber, Chester McComber, Eddie Groth, Berniece Groth; Nancy C. Hermson, Alice Eaton, Leonard Eickman, Donald Long, Florence O'Leary, Elsie Kent, Katherine Bernhardt, Fatima Main, Rose Tolan, Gilbert Alpers, Ena Heller, and Karen Bruns, Appellees.

Supreme Court of Iowa.

March 14, 1984.

Attorney(s) appearing for the Case

Willis J. Hamilton of Hamilton Law Firm, Storm Lake, for appellants.

James A. Brewer of Hegland, Newbrough, Johnston, Brewer & Maddux, Ames, for appellees Leonard Eickman and Donald Long.

James L. Kramer of Johnson, Erb, Latham, Gibb & Carlson, Fort Dodge, for appellees Marlyn K. Thompson, Brian James Hoerl, Margie McComber and Chester McComber.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ and CARTER, JJ.

CARTER, Justice.

The plaintiffs-appellants, who are the heirs at law of decedent Virgil C. Thompson and contestants of his last will, appeal from a district court order sustaining the proponent's statute of limitations defense to this will contest action. We affirm the district court.

Decedent's will was admitted to probate on January 8, 1981, and the second notice of admission of the will to probate was published on January 22, 1981. On June 3, 1982, plaintiffs...

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