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MATTER OF ESTATE OF SIMPSON

No. 87-1032.

423 N.W.2d 28 (1988)

In the Matter of the ESTATE OF Anna L. SIMPSON, Deceased. Frank HALUSKA, Leroy Haluska, Loren Haluska, Michael Lesko, and Nancy Pivik, Heirs and Beneficiaries under the Terms of the Last Will and Testament of Anna L. Simpson, Appellants, v. Harold HESLINGA, Executor of the Estate of Anna L. Simpson, and John Lesko, An Heir and Beneficiary under the Terms of the Last Will and Testament of Anna L. Simpson, Appellees.

Court of Appeals of Iowa.

March 23, 1988.

Attorney(s) appearing for the Case

Craig A. Gustafson and John A. Pabst of Clements, Pabst & Stravers, Oskaloosa, for appellants.

Gerald F. Heslinga of Heslinga, Heslinga & Dixon, Oskaloosa, for executor-appellee.

James Q. Blomgren, Oskaloosa, for appellee, James M. Lesko.

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

HAYDEN, Presiding Judge.

Appellants, the heirs of three siblings of the deceased, Anna Simpson, appeal the decision of the district court to distribute the bulk of the assets of Anna's estate by way of intestate succession. The appellants assert Iowa Code section 633.273, the antilapse statute, applies to prevent partial intestacy here.

In 1969, Anna executed a will providing, in paragraph II, for the following distribution:

All the rest, residue...

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