MATTER OF ESTATE OF DAVENPORT

No. 69558.

346 N.W.2d 530 (1984)

In the Matter of the ESTATE OF Esther DAVENPORT, Deceased, Jean Marie Christensen, Executor. John Albert DAVENPORT, Appellant, v. Jean Marie CHRISTENSEN, Appellee.

Supreme Court of Iowa.

April 11, 1984.


Attorney(s) appearing for the Case

Morris C. Hurd, Ida Grove, and Sam S. Killinger of Kindig, Beebe, Rawlings, Nieland & Killinger, Sioux City, for appellant.

Thomas L. McCullough of McCullough Law Firm, P.C., Sac City, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, HARRIS, LARSON, and CARTER, JJ.


LARSON, Justice.

In this estate case the son, John Davenport, challenges his mother's will on the grounds of lack of due execution, lack of testimentary capacity, undue influence, fraud, and mistake.

The trial court granted a motion for summary judgment by the proponent and dismissed the petition to set aside the will. It found no genuine issue of material fact on any of the alleged grounds. The Court of Appeals affirmed, also finding no evidence to support...

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