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IN RE ESTATE OF CARLISLE

No. 01-1992.

653 N.W.2d 368 (2002)

In the Matter of the ESTATE OF Francis CARLISLE, Deceased. Dorthy L. Carlisle, Surviving Spouse, Appellant, v. Kathy Hundoble and Cindy Schmidt, Coexecutors of the Estate of Francis Carlisle, Appellees.

Supreme Court of Iowa.

November 14, 2002.

Attorney(s) appearing for the Case

Brian C. Ivers of McDonald, Stonebraker, Cepican & Woodward, A P.C., Davenport, and Eric M. Knoernschild of Hintermeister & Knoernschild, Muscatine, for appellant.

Steven J. Havercamp, Rachel R. Watkins Schoenig, and Curt A. Oppel of Stanley, Lande & Hunter, Muscatine, for appellees.

LARSON, Justice.

Dorthy Carlisle appealed from a district court ruling that her surviving-spouse benefits under Iowa Code chapter 633 (1999) had been extinguished by a prior decree of separate maintenance. We disagree and therefore reverse and remand.

I. Facts and Prior Proceedings.

Francis and Dorthy Carlisle had been married for sixty-five years when, in 1998, Dorthy fell and broke her hip. She wanted to install a bathroom on...

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