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IN RE ESTATE OF KIEL

No. 83-571.

357 N.W.2d 628 (1984)

In re ESTATE OF Blanche M. KIEL, Deceased. Hubert A. KIEL, Individually and as Executor of the Estate of Blanche M. Kiel, Deceased, Appellee, v. Lois SCHUCHMANN, Individually and as Executor of the Estate of Blanche M. Kiel, Deceased, Appellant.

Supreme Court of Iowa.

November 14, 1984.

Attorney(s) appearing for the Case

J.D. Villont of Donohue Law Office, P.C. West Union, for appellant.

Alice T. Koempel of Traeger & Koempel, West Union, for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McGIVERIN, CARTER, and WOLLE, JJ.

HARRIS, Justice.

The question is whether a bequest of "the first $24,000 of my estate" was satisfied by certificates of deposit held in joint tenancy by decedent and a devisee. The trial court held it was. We disagree.

Plaintiff Hubert and defendant Lois are brother and sister. Except for a $24,000 bequest to Lois, they share equally under the will of their mother, Blanche. Because of $24,000 previously given to Hubert, Blanche's will provided:

It...

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