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MATTER OF ESTATE OF OLSON

No. 88-1487.

451 N.W.2d 33 (1989)

In the Matter of the ESTATE OF Margaret OLSON, Deceased. George W. HUFFEY and Jean Huffey, Appellants, v. Joseph LEA, Dorothy Lea, Gilbert Lea, Florence Flaherty, Linda Racek, Theresa David, Anthony Lea, LaVonne Lea-Peterson, Donna Lea, Leatrice Huffey-McEvilly, Sheryl Lea, Kathy Lea, Christine Ladd, Adelaide Aldrich, Anthony Lea as Trustee for Ambrose M. Lea, Eunice Lea, Old East Paint Creek Church, and Waldorf College, Appellees.

Court of Appeals of Iowa.

November 27, 1989.

Attorney(s) appearing for the Case

David J. Dutton of Mosier, Thomas, Beatty, Dutton, Braun & Staack, Waterloo, for appellants.

James U. Mellick, Waukon, for appellees Leas, Flaherty, Racek, David and Lea-Peterson.

Steven R. Bakke of Bakke, Petersen & Peterson, Forest City, for appellee Waldorf College.

W. Richard White and Lyn Morrow, Waukon, of Morrow & White, for estate of Margaret Olson.

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

HAYDEN, Presiding Judge.

The appellants, George and Jean Huffey, contested the July 16, 1986, will of George's aunt, Margaret Olson, claiming undue influence and lack of testamentary capacity. The case was tried to a jury, which found both undue influence and lack of testamentary capacity and set aside the will. The defendants, including Margaret's brother, two sisters, and nieces and nephews, moved for a judgment notwithstanding the verdict and a new trial. Both...

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