MATTER OF ESTATE OF CUTLER

No. 84-88.

368 N.W.2d 724 (1985)

In the Matter of the ESTATE OF Leona CUTLER, Deceased; Kathryn M. Colmey and Mary Elizabeth Cutler, Appellants.

Court of Appeals of Iowa.

March 26, 1985.


Attorney(s) appearing for the Case

R. John Swanson of Swanson, Boeye & Bloom, Red Oak, for appellants.

Philip Willson of Smith, Peterson, Beckman & Willson, Council Bluffs; Howard Wenger of Wenger Law Office, Hamburg; and Ivan D. Wilson of Wilson & Wilson, Shenandoah, for appellee, R.H. Henstorf.

Heard by OXBERGER, C.J., and SNELL and SCHLEGEL, JJ.


SNELL, Judge.

This appeal queries whether an executor can be removed for acts done prior to his appointment where there is no claim of malfeasance as executor. R.H. Henstorf was appointed executor for the Estate of Leona Cutler on July 11, 1983. He had also served as executor for the estate of her husband, Otway W. Cutler, who died on November 26, 1975. Leona Cutler was the sole beneficiary under her husband's will.

From the date of Otway Cutler's death, Henstorf...

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