MATTER OF ESTATE OF BEARBOWER

No. 85-260.

376 N.W.2d 922 (1985)

In the Matter of the ESTATE OF Jacob Eugene BEARBOWER. Lavonne E. BEARBOWER, Albert Bearbower, Beverly Anderson, Bernice Dodge, Doris A. Burk, Lela M. Davis, Hazel Reedy, Vern E. Bearbower, Bernita Lucille Bergmann, Harold Davis, Rosary M. Davidson, Robert E. Davis, Floyd L. Bearbower, Beulah Partlow and James Edward Bearbower III, Plaintiffs-Appellants. v. Leona Blanche BEARBOWER and Earl E. Bearbower, Defendants-Appellees.

Court of Appeals of Iowa.

September 24, 1985.


Attorney(s) appearing for the Case

Morris L. Eckhart of Milroy & Eckhart, Vinton, for plaintiffs-appellants.

George E. Wright of Napier, Wright & Wolf, Fort Madison, for defendants-appellees.

Considered by OXBERGER, C.J., SNELL, and SACKETT, JJ.


OXBERGER, Chief Judge.

The plaintiffs appeal from the trial court's refusal to reinstate their petition which was dismissed for failure to prosecute the action pursuant to Iowa Rule of Civil Procedure 215.1. We reverse the trial court.

The petition brought by plaintiffs, the heirs of the decedent, contains three counts attacking decedent's will. The defendants are the individuals receiving the bulk of the inheritance under the will and codicil. Three counts...

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