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MATTER OF ESTATE OF EPSTEIN

No. 95-1683.

561 N.W.2d 82 (1996)

In the Matter of the ESTATE OF Rae Wintroub EPSTEIN, Deceased. Sam EPSTEIN, Appellee/Cross-Appellant, v. Edward WINTROUB, Executor of the Estate of Rae Wintroub Epstein, and Individually, Appellant/Cross-Appellee.

Court of Appeals of Iowa.

December 20, 1996.

Attorney(s) appearing for the Case

Daryl L. Hecht and Larry A. Storm of Crary, Huff, Inkster, Hecht & Sheehan, P.C., Sioux City, for Appellant/Cross-Appellee.

John R. Mugan of Klass, Hanks, Stoos, Stoik, Mugan, Villone & Phillips, L.L.P., Sioux City, for Appellee/Cross-Appellant.

Heard by STREIT, P.J., and VOGEL, J., and SCHLEGEL, S.J.

VOGEL, Judge.

Rae Epstein died on September 7, 1994, survived by her husband of fifteen years, Samuel, and a son, Edward, from a previous marriage. During the administration of Rae's estate, several issues arose which were tried in a declaratory judgment action. Edward appeals and Samuel cross-appeals. Edward contends: 1) Samuel elected to take under the will; 2) the residence was held as tenants in common; 3) the automobile and diamond ring were not assets of the...

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