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IN RE ESTATE OF ADAMS

No. 98-03.

599 N.W.2d 707 (1999)

In the Matter of the ESTATE OF Rose ADAMS, Deceased. Linda Roepsch, Executor, and Allied Mutual Insurance Company, Appellees, v. Charles H. Jacobs, Appellant.

Supreme Court of Iowa.

September 9, 1999.

Attorney(s) appearing for the Case

David L. Hammer, Angela C. Simon, and Scott J. Nelson of Hammer, Simon & Jensen, Dubuque, for appellant.

Dennis J. Naughton of the Naughton Law Firm, Dubuque, for appellee Linda Roepsch.

Benjamin B. Ullem and John F. Fatino of Whitfield & Eddy, P.L.C., Des Moines, for appellee Allied Mutual Insurance Company.

Considered by McGIVERIN, C.J., and LARSON, SNELL, CADY, and HARRIS, JJ.

SNELL, Justice.

This appeal comes to us devolving from matters in the estate of Rose Adams. Charles H. Jacobs was the executor and attorney for the estate but was removed for misappropriating estate funds. The issue here is what procedure is lawful to determine the amount of defalcation. Jacobs claims he was denied due process of the law by the procedure approved by the district court. We agree and reverse and remand for further proceedings.

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