MATTER OF ESTATE OF KEEGAN

No. 84-608.

369 N.W.2d 447 (1985)

In the Matter of the ESTATE of Harold J. KEEGAN, Deceased, Earl E. Fosselman, Executor, Appellant.

Supreme Court of Iowa.

June 19, 1985.


Attorney(s) appearing for the Case

Frederick G. White, Waterloo, for appellant.

R. James Sheerer of Price, Correll & Shearer, Cedar Falls, for appellee, Marion A. Keegan.

Considered by REYNOLDSON, C.J., and McCORMICK, SCHULTZ, CARTER and WOLLE, JJ.


McCORMICK, Justice.

The question here concerns the timeliness of a surviving spouse's election to occupy a homestead for life. Decedent Harold J. Keegan died testate, survived by his wife Marion and four children from a previous marriage. The will was made before Harold and Marion were married and did not mention Marion. The main asset of the estate was the parties' homestead, a modest home in Waterloo. Successor executor Earl R. Fosselman sought to oust Marion from...

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