MATTER OF ESTATE OF MICHEEL

No. 96-1715.

577 N.W.2d 407 (1998)

In the Matter of the ESTATE OF Hugo MICHEEL, Deceased. Helena PETERSEN, Florence Beisch, Anna Marie Liechti, William Hoogestraat, Roxann Winterfield, David Hoogestraat, Calvin Hoogestraat, Steve Hoogestraat, Linda Irlbeck, Tom Hoogestraat, Kay Campbell, Jill Johnston and Marcella Vetter, Appellants, v. Shirley ATTEMA and Marlene Sorenson, Co-Executors of the Estate of Hugo Micheel, Deceased, Appellees.

Supreme Court of Iowa.

April 22, 1998.


Attorney(s) appearing for the Case

Stacey N. Warren of Smith, Schneider, Stiles, Hudson, Serangeli, Mallaney, Shindler & Scalise, P.C., Des Moines, and Robert W. Peters of Robert W. Peters, P.C., Carroll, for appellants.

Bruce E. Becker of Vest, Becker & Murray Law Firm, and James K. Graven, Sac City, for appellees.

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


HARRIS, Justice.

This probate proceeding calls for application of the antilapse statute which was amended after execution of a will, but before the testator's death. Even though, at the time of the amendment, the testator was incapacitated, and under guardianship and conservatorship, the trial court applied the amended antilapse statute. We affirm.

Hugo Micheel executed his will on August 27, 1957. At that time he was living with Evelyn Holck, whom he appointed...

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