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BENNETT v. JOHNSON

No. 91-231.

485 N.W.2d 481 (1992)

Richard M. BENNETT, Claimant, and Roger L. Bennett and Kimberly Stowell, Appellants, v. Manley JOHNSON, Fiduciary of the Estate of Charlotte Maxine Johnson, Deceased, Appellee.

Court of Appeals of Iowa.

March 24, 1992.

Attorney(s) appearing for the Case

Mark S. Brownlee, Kersten & Carlson, Fort Dodge, for appellants.

Willis J. Hamilton, Hamilton Law Firm, P.C., Storm Lake, and James C. Hudson, Hudson Law Firm, Pocahontas, for appellee.

Considered by OXBERGER, C.J., and SCHLEGEL and SACKETT, JJ.

SACKETT, Judge.

The issue in this appeal is when the statute of limitations runs on a claim of a remainder person against a life tenant for waste. The trial court found the remainder persons were required to bring the action within five years of the alleged waste and their failure to do so barred their claim. The trial court also rejected the remainder persons' contention they did not discover the waste until the life tenant's death. We affirm.

Claimants-appellants...

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