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IN RE ESTATE OF JOHNSON

No. 05-1965.

739 N.W.2d 493 (2007)

In the Matter of the ESTATE OF Roy N. JOHNSON, Deceased, William H. Johnson, Executor of the Estate of Emogene F. Johnson, Appellant.

Supreme Court of Iowa.

September 28, 2007.

Attorney(s) appearing for the Case

Thomas P. Lenihan, West Des Moines, for appellant.

John E. Casper of Flander, Casper & Rosien, P.C., Winterset, for appellee Beverly Johnson Algoe, as executor for Roy N. Johnson's estate.

Jerrold B. Oliver of Jordan, Oliver & Walters, P.C., Winterset, for appellee individually.

CADY, Justice.

The right of survivorship makes joint tenancies a popular form of property ownership. Yet, the concomitant right of each joint tenant to destroy the joint tenancy, and thus the right of survivorship, is not always popular, particularly for the surviving joint tenant. As Hamlet observed in a different context, "ay, there's the rub"1 and, in this case, the seeds of the issue presented. A district court decision found a joint...

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