MATTER OF ESTATE OF JOHNSON

No. 84-1731.

387 N.W.2d 329 (1986)

In the Matter of the ESTATE OF Hans JOHNSON, Deceased. Carol Jean Gerdes, Appellant, Dennis Johnson, Byron Johnson, Irene Drane, and Chester Johnson, Appellees.

Supreme Court of Iowa.

May 21, 1986.


Attorney(s) appearing for the Case

David J. Price of Price, Correll & Sheerer, Cedar Falls, for appellant.

LeRoy H. Redfern of Redfern, McKinley, Mason & Dieter, Cedar Falls, and Emil Trott, Jr., of Barrett & Trott, Des Moines, for appellees.

Considered en banc.


McGIVERIN, Justice.

In this case, we must determine whether the will of decedent Hans Johnson created a vested proportionate remainder interest in his son, Robert Johnson, which in turn passed when he died under the residuary clause of Robert's will to his brother, Dennis Johnson, or whether Robert only received a life income interest coupled with a general testamentary power of appointment.

The executor of the estate of Hans Johnson recommended in the final...

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