MATTER OF ESTATE OF GREENWALD

No. 97-1155.

584 N.W.2d 294 (1998)

In the Matter of the ESTATE OF Frances GREENWALD. Delores RAUSHENBERGER, Appellant, v. Harold GREENWALD, Appellee.

Supreme Court of Iowa.

September 23, 1998.


Attorney(s) appearing for the Case

Realff H. Ottesen of Ottesen, Priester & Walton, Davenport, for appellant.

Gregory A. Johnston, Muscatine, for appellee.

Steven P. Wing of Dwyer & Wing, Davenport, for the estate.

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


LARSON, Justice.

Delores Raushenberger, the proponent of a "lost" 1988 will, has appealed from a district court ruling that (1) she had failed to rebut the presumption that the will had intentionally been destroyed by the decedent, and (2) the decedent's destruction of the 1988 will did not revive a 1973 will. We affirm.

I. Facts and Initial Proceedings.

Frances Greenwald died on August 9, 1996, survived by her husband, Harold...

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