MATTER OF ESTATE OF WILLIS

No. 86-1113.

418 N.W.2d 857 (1988)

In the Matter of the ESTATE OF Paul David WILLIS, Jr., Deceased. Mary WILLIS, John Willis, Daniel Willis, and Elizabeth Willis Tedio, Appellants, v. Paul D. WILLIS III, Executor of the Estate of Paul David Willis, Jr., Paul D. Willis III, Individually, and Adrienne D. Karns, Resident Executor, Appellees.

Supreme Court of Iowa.

February 17, 1988.


Attorney(s) appearing for the Case

Ann Fitzgibbons of Scalise, Scism, Sandre & Uhl, Des Moines, for appellants.

Thomas J. Clarke of Isaacson, Clarke, Vernon & Hodge, P.C., Des Moines, for appellees.

Considered by SCHULTZ, P.J., and LAVORATO, NEUMAN, SNELL, and ANDREASEN, JJ.


LAVORATO, Justice.

The plaintiffs here maintain that the probate referee improperly dismissed their action to set aside the will of Paul David Willis, Jr. Contrary to the referee's ruling, they claim their action was commenced within the statutory period.

The executors of the estate, who are the defendants, contend the referee correctly found that the case had not been commenced on time. They also continue to assert their argument that the present appeal to...

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