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MATTER OF ANNE HAMILTON KILLIAN TRUST

No. 93-114.

519 N.W.2d 409 (1994)

In the Matter of the ANNE HAMILTON KILLIAN TRUST, for Benefit of Joan Killian HUNTER, et al., Dated March 4, 1959. Todd HUNTER, Appellant/Cross-Appellee, v. J. Richard ROSSIE, Trustee of the Anne Hamilton Killian Trust, for Benefit of Joan Killian Hunter, et al., Dated March 4, 1959, Appellee/Cross-Appellant.

Court of Appeals of Iowa.

May 26, 1994.

Attorney(s) appearing for the Case

Robert N. Downer and Timothy J. Krumm of Meardon, Sueppel, Downer & Hayes, Iowa City, for appellant.

David A. Elderkin of Elderkin & Pirnie, P.L.C., Cedar Rapids, for appellee.

Heard by DONIELSON, C.J., and SACKETT and HABHAB, JJ.

DONIELSON, Chief Judge.

In 1959, Anne Killian executed an inter vivos trust agreement, providing upon her death, if her husband were not living, the trust property then would be divided into equal and separate trusts for her two children, John Killian and Joan Killian Hunter. Joan had three children, Steele, Todd, and Scott. Under the residuary trust, Joan was to receive that portion of the income and principal as the trustees...

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