MATTER OF ESTATE OF WAGNER

No. 92-762.

507 N.W.2d 711 (1993)

In the Matter of the ESTATE OF Frances WAGNER, Deceased. Frank Albert WAGNER and Verna Jaeggi, Appellants, v. Sharon K. WILLIAMS, Executor of the Estate of Frances Wagner, Appellee.

Court of Appeals of Iowa.

September 2, 1993.


Attorney(s) appearing for the Case

Edward N. Wehr and John R. Newman of Wehr, Berger, Lane & Stevens, Davenport, for appellants.

James G. Sothmann and Harold J. DeLange, II, Davenport, for appellee.

Considered en banc.


HAYDEN, Judge.

On December 3, 1986, Frances Wagner died from injuries suffered in an accident. As a result, the estate of Frances Wagner pursued a wrongful death claim, which resulted in a net recovery of $30,307.36. Frances died testate, and her will was admitted into probate on December 15, 1986. The executor's final report was filed on December 31, 1986. The executor concluded the wrongful death proceeds should be distributed...

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