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MATTER OF ESTATE OF WELCH

No. 93-1758.

534 N.W.2d 109 (1995)

In the Matter of the ESTATE OF George W. WELCH, Deceased. Patricia J. FISHER, Plaintiff-Appellant, v. ESTATE OF Dorothy C. WELCH, Defendants-Appellees.

Court of Appeals of Iowa.

As Corrected May 1, 1995.

Attorney(s) appearing for the Case

Gerald J. Kucera of the Tom Riley Law Firm, P.C., Cedar Rapids, for appellant.

Kenneth L. Keith of Keith, Orsborn, Bauerle, Milani & Neary, Ottumwa, and James F. Pickens and Mark H. Ogden of Pickens, Barnes & Abernathy, Cedar Rapids, for appellees.

Heard by DONIELSON, P.J., CADY, J., and PERKINS, Senior Judge, but decided en banc.

CADY, Judge.

This is an appeal by plaintiff, Patricia Fisher, from the district court's refusal to establish a constructive trust over certain inter vivos transfers of property by her father to his wife. On our de novo review, we reverse.

George W. Welch died testate on April 25, 1991. He was sixty-nine years old. He was survived by his third wife, Dorothy Welch, and his daughter from his first marriage, Patricia...

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