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IN RE ESTATE OF KIRK

No. 97-1181.

591 N.W.2d 630 (1999)

In the Matter of the ESTATE OF Ruby I. KIRK, Deceased, and In the Matter of the Estate of Gerdon H. Kirk, Deceased, Health Management Systems, Inc., Appellant.

Supreme Court of Iowa.

March 24, 1999.

Attorney(s) appearing for the Case

Patricia M. Hulting of Roehrick, Hulting, Blumberg, Kirlin & Krull, P.C., Des Moines, for appellant.

Jerrold B. Oliver of Jordan, Oliver & Walters, P.C., Winterset, for appellee Estate of Ruby I. Kirk.

Considered by McGIVERIN, C.J., and HARRIS, CARTER, NEUMAN, and CADY, JJ.

CADY, Justice.

Claimant appeals in this consolidated estate action from a ruling by the district court finding a disclaimer filed by the executor of the Ruby Kirk estate validly disclaimed the testate succession of estate property and joint tenancy property from the Gerdon Kirk estate. We affirm in part and reverse in part.

I. Background Facts & Proceedings.

Ruby Kirk died February 23, 1996. She was eighty-one-years-old. Her husband, Gerdon Kirk...

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