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MATTER OF ESTATE OF RAGAN

No. 94-1643.

541 N.W.2d 859 (1995)

In the Matter of the ESTATE OF Dorothy RAGAN, Deceased. Donna M. TIFFANY, Appellee, v. Jon V. TIFFANY, Brian F. Tiffany, Vaughan R. Tiffany, and Gordon D. Tiffany, Appellants.

Supreme Court of Iowa.

Rehearing Denied January 11, 1996.

Attorney(s) appearing for the Case

Marlyn S. Jensen, Osceola, for appellants.

John C. Powell of Shirley, Powell & Finneseth, Perry, for appellee.

Considered by McGIVERIN, C.J., and LARSON, NEUMAN, ANDREASEN, and TERNUS, JJ.

LARSON, Justice.

The district court found that the primary and contingent trustees named in a decedent's will were "unsuitable" to act as trustees, Iowa Code § 633.63 (1993), and appointed a substitute trustee. We affirm.

I. The Facts.

The will of Dorothy Ragan devised outright one-half of her real estate to her daughter Lois Lynch. The other half she placed in a spendthrift trust for another daughter, Donna Tiffany. The...

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