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MATTER OF ESTATE OF BATES

No. 91-645.

492 N.W.2d 704 (1992)

In the Matter of the ESTATE OF Tim H. BATES, Jr., Deceased. Roberta B. BATES, Appellant, v. Tim H. BATES, III, Fiduciary of the Estate of Tim H. Bates, Jr., Deceased, Appellee.

Court of Appeals of Iowa.

September 29, 1992.

Attorney(s) appearing for the Case

Mark S. Dickhute and Nancy Lawler Dickhute, Omaha, Neb., and Stephen W. Ruth, Davenport, for appellant.

Rex J. Ridenour of Dircks, Ridenour, Norman & Macek, Davenport, for appellee.

Considered by OXBERGER, C.J., and DONIELSON and HABHAB, JJ.

HABHAB, Judge.

Roberta Bates and Tim H. Bates, Jr. were formerly married to each other. During the marriage they purchased a house as joint tenants, with right of survivorship.

In 1979 the marriage was dissolved. The parties entered into a stipulation concerning the distribution of property. The dissolution decree adopted the stipulation. The decree provided:

The petitioner [Roberta] shall be given possession of the homestead presently held in joint...

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