IN RE ESTATE OF HURT

No. 03-0069.

681 N.W.2d 591 (2004)

In the Matter of the ESTATE OF Fay HURT, Deceased. Joyce Carney and Sandra Baldwin, Appellants, v. Roger Hurt and Roger Hurt, as Executor of the Estate of Fay Hurt, Appellees.

Supreme Court of Iowa.

June 16, 2004.


Attorney(s) appearing for the Case

Thomas H. Claypool and James E. Claypool, Williamsburg, for appellants.

C. Joseph Holland of Holland & Anderson LLP, Iowa City, for appellees.


STREIT, Justice.

In her will, Fay Hurt gave her son the family farm, except for a small parcel of land containing her home. She left this parcel to her two daughters. She also gave her son the right to cross the daughters' parcel when farming. The daughters argue this provision of the will is null and void because it results in a violation of a local zoning ordinance.

The district court found Fay clearly wanted...

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