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SPENCER v. SPENCER

No. 90-601.

479 N.W.2d 293 (1991)

Harold Lee SPENCER, Appellee, v. Lyle D. SPENCER, Appellant.

Supreme Court of Iowa.

Rehearing Denied February 19, 1992.

Attorney(s) appearing for the Case

Victoria L. Herring, West Des Moines, for appellant.

Scott D. Hillstrom of Hillstrom Bale Anderson Young Polstein & Pearson, Ltd., Minneapolis, Minn., Gerald W. Magee, Jefferson, and Addison M. Parker of Dickinson, Throckmorton, Parker, Manheimer & Raife, P.C., Des Moines, for appellee.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and ANDREASEN, JJ.

ANDREASEN, Justice.

Harold and Lyle Spencer are brothers. They, as well as their brother Dale and their sister Donna, are income beneficiaries of a testamentary trust created by their parents. Their mother Fern Spencer died in 1944 and their father L.J. Spencer died in December 1972. The corpus of the Spencer trust is 800 acres of farmland. Lyle farmed 160 of the acres as a tenant of the trust. Harold's son, Paul, and Dale...

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