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MATTER OF ESTATE OF TODD

No. 97-77.

585 N.W.2d 273 (1998)

In the Matter of the ESTATE OF Lorine E. TODD, Deceased. Allan A. TODD and Marlan L. Todd, Appellees, v. Lenis L. TODD and Randy R. Todd, Executors of the Estate of Lorine E. Todd; Bonnie L. Todd and Sherrie J. Todd,

Supreme Court of Iowa.

October 21, 1998.

Attorney(s) appearing for the Case

David L. Charles and Margaret C. Callahan of Belin Lamson McCormick Zumbach Flynn, P.C., Des Moines, and George W. Wittgraf of Sayre & Wittgraf, Cherokee, for appellants.

Daniel D. Dykstra and Edward C. Poulsen of Heidman, Redmond, Fredregill, Patterson, Plaza & Dykstra, L.L.P., Sioux City, for appellees.

Considered by HARRIS, P.J., and LARSON, CARTER, NEUMAN, and TERNUS, JJ.

NEUMAN, Justice.

This appeal concerns inter vivos and testamentary transfers of real and personal property from the decedent, Lorine Todd, to her youngest sons (and executors of her estate), Lenis and Randy Todd. Lorine's oldest sons, Allan and Marlan Todd, filed suit in probate to contest the will and inter vivos transfers. They claimed the transactions were the product of undue influence and fraud by their younger siblings who allegedly stood in a confidential relationship...

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