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IN RE ESTATE OF GRAHAM

No. 03-1817.

690 N.W.2d 66 (2004)

In the Matter of the ESTATE of Helen E. GRAHAM, Deceased. Mary G. Sacco and Julie Ann Jones, Executor of the Estate of Dorothy A. Devore, Appellants, v. Susan A. Richardson, Executor of the Estate of Helen E. Graham, and Susan A. Richardson, Individually, Appellee.

Supreme Court of Iowa.

December 17, 2004.

Attorney(s) appearing for the Case

Richard O. McConville of Coppola, Sandre, McConville & Coppola, P.C., West Des Moines, and Richard J. Murphy, Osceola, for appellants.

G. Stephen Walters of Jordan, Oliver & Walters, P.C., Winterset, for appellee.

STREIT, Justice.

This appeal concerns the interpretation of a will executed more than forty years ago. The question presented is whether the 1962 will of John and Helen Graham was a mutual will. We must decide whether the Grahams' will was in effect a contract to divide up their earthly possessions in equal shares to their three daughters. The district court ruled the will was not mutual. As a consequence, the court found...

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