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MATTER OF ESTATE OF MILLS

No. 84-1782.

374 N.W.2d 675 (1985)

In the Matter of the ESTATE OF Inez Louise MILLS, Deceased; Dale Mills, Pauline Mills Olson, Betty Mills Stephens, and Darwin Halstead, Appellants.

Supreme Court of Iowa.

October 16, 1985.

Attorney(s) appearing for the Case

Richard E. Mundy and Larry J. Thorson of Mundy, Thorson & Meyer, Cedar Rapids, for appellants.

Walter A. Kollmorgen, Belle Plaine, and Keith Mossman, Vinton, for appellee, Citizens State Bank, temporary administrator of decedent's estate.

Considered by HARRIS, P.J., and McCORMICK, LARSON, CARTER, and WOLLE, JJ.

McCORMICK, Justice.

We hold that under Iowa Code section 633.223 (1983) an adoption by a single parent extinguishes the right of intestate succession of both of the adopted person's natural parents. In this appeal we affirm a declaratory judgment based on a similar trial court holding.

Section 633.223 provides:

1. Except as provided in subsection 3, a lawful adoption extinguishes the right of intestate succession of an adopted person from and through...

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