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MATTER OF ESTATE OF WEIDMAN

No. 90-322.

476 N.W.2d 357 (1991)

In the Matter of the ESTATE OF Mary Lou WEIDMAN, Deceased. Rodney WEIDMAN, Appellant, v. Pamela Rose Weidman STAHLHUT, Individually and as Executor of the Mary Lou Weidman Estate, Appellee.

Supreme Court of Iowa.

Rehearing Denied November 26, 1991.

Attorney(s) appearing for the Case

John W. Hofmeyer III, Oelwein, and Charles Hurley of Hofmeyer, Anthony & Hurley, Fayette, for appellant.

William H. Engelbrecht and David M. Engelbrecht of Engelbrecht, Ackerman & Hassman, Waverly, for appellee.

Considered en banc.

SCHULTZ, Justice.

In this appeal, plaintiff Rodney Weidman (Rodney), seeks to contest the will of his mother, Mary Lou Weidman (Mary). The district court dismissed his petition on the basis that plaintiff's will contest action was not filed within the four-month limitation period prescribed by Iowa Code section 633.309 (1985). We affirm.

Mary executed a new will on December 12, 1986. She died later that day. Mary's prior will left her property to plaintiff...

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