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MATTER OF ESTATE OF ROGERS

No. 90-171.

473 N.W.2d 36 (1991)

In the Matter of the ESTATE OF Emma ROGERS, Deceased. In the Matter of the LAWRENCE J. ROGERS TRUST, Barbara Wardenburg, Executor and Beneficiary, Appellee, v. Robert L. ROGERS, Appellant.

Supreme Court of Iowa.

July 17, 1991.

Attorney(s) appearing for the Case

Philip A. Leff of Leff, Haupert & Traw, Iowa City, and L.G. Klein, Oxford, for appellant.

James Claypool of Claypool & Claypool, Williamsburg, for appellee.

Considered by McGIVERIN, C.J., and LARSON, LAVORATO, SNELL, and ANDREASEN, JJ.

ANDREASEN, J.

This appeal arises from a declaratory judgment interpreting a will and testamentary trust. The respondent urges that under options provided in the instruments, he is entitled to purchase two 40-acre tracts for a total of $36,000. The executor of the will urges that the purchase price under the will is $36,000 for an undivided half interest in the property and another $36,000 under the trust for the other undivided half interest. The district court ruled...

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