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MATTER OF TRUST OF KILLIAN

No. 89-312.

459 N.W.2d 497 (1990)

In the Matter of the TRUST of Anne Hamilton KILLIAN, Trust Agreement of March 4, 1959, for Benefit of John Richard Killian. Kathleen KILLIAN, Richard Killian, and Deborah L. Killian Walden, Appellants, v. Jan Barbour KILLIAN, Individually and as Administrator of the Estate of John R. Killian, Deceased, Appellee.

Supreme Court of Iowa.

July 18, 1990.

Attorney(s) appearing for the Case

Jay M. Shriver and James J. Brandt of Pappajohn, Shriver, Eide & Nicholas, Mason City, for appellants Kathleen Killian and Richard E. Killian.

H. Edward Beatty and Gerald Lyell Fatka of Lynch, Dallas, Smith & Harman, Cedar Rapids, for appellant Deborah L. Killian Walden.

William H. Carmichael and Lawrence E. Blades of Blades, Carmichael, Rosser & Benz, Cedar Rapids, for appellee.

Considered en banc.

NEUMAN, Justice.

This appeal involves a challenge to the trial court's interpretation of an irrevocable inter vivos trust agreement and its determination of the scope of a trust beneficiary's testamentary power of appointment under the trust. The controversy centers on a dispute between three of the beneficiary's children and their stepmother who is the beneficiary's second wife and administrator of his estate. We transferred the case to the court of appeals which...

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