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VanDeWALKER v. LAU

No. 97-275.

581 N.W.2d 644 (1998)

Brenda Joyce Lau VANDEWALKER, Individually and as Next Friend of Brian D. Lau, Appellant, v. The Estate of Aaron Drexel LAU, Deceased, Carol Dale Lau, Brian D. Lau, Scott Lau, Brett Lau, Melissa Lau, and Pauline R. Fox, Defendants, Darold J. Jack and Kerns-Jamison Funeral Home n/k/a Jamison-Schmitz Funeral Home, Intervenors-Appellees.

Supreme Court of Iowa.

Rehearing Denied October 5, 1998.

Attorney(s) appearing for the Case

John W. Hofmeyer III of Hofmeyer, Hurley & Hanson, P.C., Fayette, for appellant.

R.L. Van Veldhuizen, Oelwein, for intervenors-appellees Darold J. Jack and Kerns-Jamison Funeral Home.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, NEUMAN, and TERNUS, JJ.

NEUMAN, Justice.

The question on appeal is whether a constructive trust or equitable lien should be imposed on assets belatedly recovered by the insolvent estate of Aaron Drexel Lau. The decedent's former wife, plaintiff Brenda Lau VanDeWalker, urges that equity demands her claim to the assets be paid ahead of debts and charges of the estate. The district court ruled that Iowa Code section 633.425 (1995) controls distribution of estate assets, subordinating plaintiff...

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