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COX v. COX

No. 83-1360.

357 N.W.2d 304 (1984)

Charles A. COX, Appellee, v. Thomas G. COX and Arthur A. Cox, Individually, and as Trustees of the Arthur J. Cox Trust, and Sarah E. Rigler, Appellants.

Supreme Court of Iowa.

November 14, 1984.

Attorney(s) appearing for the Case

L. Call Dickinson, Jr., and Barbara G. Barrett of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellants.

John T. Nolan and Marc B. Moen of Rate, Nolan, Bohanan, Moen & Lucas, Iowa City, for appellee.

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

REYNOLDSON, Chief Justice.

This is an interlocutory appeal from the trial court's order granting plaintiff's summary judgment motion. We affirm the trial court's holding that a contingent remainderman of a trust may compel an accounting absent a showing of mismanagement or waste.

I. The controversy involves a trust established in 1944 by the will of Arthur Cox, an Iowa City resident. Cox was survived by his wife...

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