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MATTER OF ESTATE OF KELLY

No. 95-759.

558 N.W.2d 719 (1996)

In the Matter of the ESTATE OF Velma M. Bortz KELLY, Deceased, Dudley Strawn, Plaintiff-Appellant, Greene County Medical Center, Defendant-Appellee.

Court of Appeals of Iowa.

November 27, 1996.

Attorney(s) appearing for the Case

Peter C. Riley of the Tom Riley Law Firm, P.C., Cedar Rapids, for plaintiff-appellant.

James L. Kramer of Johnson, Erb, Bice, Kramer, Good & Mulholland, P.C., Fort Dodge, for defendant-appellee.

Heard by CADY, P.J., and HUITINK, and STREIT, JJ., but decided en banc.

PER CURIAM.

This appeal follows a jury finding of undue influence and lack of testamentary capacity in a will contest action. We conclude the district court improperly admitted evidence at trial which resulted in prejudice. We reverse the judgment and remand for a new trial.

Velma Bortz Kelly died October 15, 1993. She was 89 years of age. Three days after her death, Greene County Medical Center filed an objection to probate. The Medical Center was a residual...

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