ESTATE OF BECK v. ENGENE

No. 95-1250.

557 N.W.2d 270 (1996)

In the Matter of the ESTATE OF Mary BECK, Deceased, Harry Merritt and Lucia Giacomin, Appellants, v. O.K. ENGENE, Executor of the Estate of Mary Beck, Deceased; Marilyn Snider; Billie Snider; David Snider; Ronald Snider; and Dr. Joel Wells, Appellees.

Supreme Court of Iowa.

December 18, 1996.


Attorney(s) appearing for the Case

Robert K. DuPuy of LaMarca & Landry, P.C., West Des Moines, for appellants.

Nicholas Critelli and Joseph B. Saluri of Nick Critelli Associates, P.C., Des Moines, for appellees.

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


ANDREASEN, Justice.

This is an appeal from a summary judgment granted to the defendants in a probate proceeding. The court dismissed the plaintiffs' petition to set aside probate of the decedent's will because the petition was not timely filed. The district court rejected the plaintiffs' claim that due process required that they be given mailed notice of the admission of the will to probate before their action could be barred. We affirm in part, reverse in part, and...

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