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MATTER OF ESTATE OF HELLER

No. 85-1754.

401 N.W.2d 602 (1986)

In the Matter of the ESTATE OF John HELLER, Deceased. In the Matter of the Trust Under the LAST WILL AND TESTAMENT OF John HELLER, Deceased, Daniel Heller, Trustee, In the Matter of the CONSERVATORSHIP OF Nichole HELLER, Andrea Heller, Matthew Heller & Mark Heller, Minors. Appeal of Daniel HELLER, Trustee.

Court of Appeals of Iowa.

December 23, 1986.

Attorney(s) appearing for the Case

Robert Kohorst, of the Kohorst Law Firm, Harlan, for appellant Daniel Heller individually.

Richard A. Heininger, of Smith, Peterson, Beckman & Wilson, Council Bluffs, for appellee Council Bluffs Sav. Bank.

J.C. Salvo, of Salvo, Deren, Schenck & Lauterbach, P.C., Harlan, for Mary Lou Heller, objector.

Grant McMartin, Harlan, guardian ad litem for the children.

Jack W. Peters, of Stuart, Tinley, Peters, Thorn, Smits & Sens, Council Bluffs, guardian ad litem for the purpose of investigating objection to the executor's final report.

Ken Sojka, of Buckley & Sojka, Harlan, for the estate.

Heard by DONIELSON, P.J., and HAYDEN and SACKETT, JJ.

SACKETT, Judge.

Decedent John Heller was the natural father of four children who are all minors. Decedent and the children's natural mother, Mary Lou Heller, were divorced on November 1, 1982. At the time of his death on September 25, 1984, decedent had not remarried.

On November 23, 1982, decedent signed his last will and testament. In the will he appointed his brother, Daniel, as executor and gave all his property to Daniel as trustee for the benefit of...

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