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IN RE ESTATE OF PECK

No. 92-843.

497 N.W.2d 889 (1993)

In re the ESTATE OF Beverly J. PECK, Deceased. Executors of the ESTATE OF Beverly J. PECK, Appellant, v. Ronald PECK, Appellee.

Supreme Court of Iowa.

March 24, 1993.

Attorney(s) appearing for the Case

E. Ralph Walker, Suzanne J. Kruse, and CeCelia C. Ibson of Brown, Winick, Graves, Donnelly, Baskerville, and Schoenebaum, Des Moines, for appellant.

Mark McCormick of Belin, Harris, Lamson, McCormick, P.C., Des Moines, and Orville Bloethe of Bloethe & Van Zee, Victor, for appellee.

Considered by LARSON, P.J., and SCHULTZ, LAVORATO, SNELL, and ANDREASEN, JJ.

LARSON, Justice.

Beverly Peck died during the pendency of the dissolution case between Beverly and her husband, Ronald. The court dismissed the dissolution action, without a decree, on the ground it was abated by Beverly's death. The estate moved to reopen the dissolution case, but the motion was denied, and the estate's appeal of that order was ultimately dismissed.

Beverly's estate then filed this action to impose a constructive trust on Ronald's assets...

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