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MATTER OF ESTATE OF NAGL

No. 86-739.

408 N.W.2d 768 (1987)

In the Matter of the ESTATE OF F.M. NAGL, Deceased. In the Matter of the ESTATE OF Florence R. NAGL, Deceased. Appeal of Elma SCHNEIDER and Philip Kennebeck.

Court of Appeals of Iowa.

April 22, 1987.

Attorney(s) appearing for the Case

Ronald H. Schechtman of Carroll, for appellant Elma Schneider.

C. Joseph Coleman, Jr., of Mitchell, Coleman, Perkins & Enke, Fort Dodge, for appellant Philip Kennebeck.

Richard J. Meyer of Fillenworth & Fillenworth, Estherville, for appellee Anita Meyer.

James Furey of Carroll, for appellee Douglas Rohe.

Heard by OXBERGER, C.J., and SCHLEGEL, and HAYDEN, JJ., but considered en banc.

HAYDEN, Judge.

The executors of the F.M. Nagl Estate and the Florence Nagl Estate filed applications to have the Carroll County District Court determine whether the residuary clauses of the testators' wills provided for a per capita or a per stirpes distribution. After a hearing, the trial court ruled that the residuary clauses of the wills were not ambiguous and provided for a per capita distribution.

F.M. Nagl died on December 28, 1982. He was 82, and was...

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