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DAVIES v. RADFORD

No. 88-14.

433 N.W.2d 704 (1988)

Leo E. DAVIES and Ted E. Davies, Administrators of the Estate of Lewis Davies, Deceased, Plaintiffs, v. Maxine RADFORD, Executor of the Estate of Leland Dale Ridnour, Deceased, Defendant. Maxine RADFORD, Executor of the Estate of Leland Dale Ridnour, Deceased, Appellee, v. Leo E. DAVIES and Ted E. Davies, Administrators of the Estate of Lewis Davies, Deceased, Leo E. Davies, Individually, and Ted E. Davies, Individually, Robert Fewson, Conservator for Lucille Davies, Individually, Appellants.

Supreme Court of Iowa.

December 21, 1988.

Attorney(s) appearing for the Case

Verd R. Bailey, of Bailey Law Office, P.C., Clarinda, for appellants.

Jerome Y. Biggs, Jr., of Strop, Roberts, Thomas & Burns, St. Joseph, Mo., for appellee.

Considered by HARRIS, P.J., and SCHULTZ, CARTER, NEUMAN, and ANDREASEN, JJ.

HARRIS, Justice.

The question here is whether Iowa Code section 557.7 (1987) abolished the common law rule of destructability of contingent remainders. It did. The trial court so held and we affirm.

In March 1975 Lucille Davies, a single person, signed a quit-claim deed to her farm, reserving a life estate. The granting clause conveyed the farm:

Unto Lewis Lee Joe Davies reserving a life estate to Lucille...

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