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IN RE ESTATE OF ROETHLER

No. 09-1105.

801 N.W.2d 833 (2011)

In the Matter of the ESTATE OF Ralph ROETHLER, Deceased, Kent Lewis and Becky Lewis, Appellees. v. Angela M. Kuehn, Cheryl L. Upton, Jacquelyn F. Betsworth, Daniel W. Roethler, Mary Anne James, James F. Roethler, Donald A. Roethler, Constance L. Duke, Gerald E. Roethler, Kathleen S. Good, John M. Roethler, Daniel Lee Homan, and Frank E. Homan, Appellants. R. Stephen Hankens, Intervenor-Appellee.

Supreme Court of Iowa.

August 19, 2011.

Attorney(s) appearing for the Case

Frank J. Comito of Neu, Minnich, Comito & Neu, P.C., Carroll, Erin E. McCullough of the Law Offices of Erin E. McCullough, Lake View, and David P. Jennett , Storm Lake, for appellees.

George W. Wittgraf of Sayre, Wittgraf & Meloy, Cherokee, for appellants.

Steven T. Roth of Roth Law Office, Storm Lake, for intervenor-appellee R. Stephen Hankens.

ZAGER, Justice.

In this appeal, we must determine when the district court can properly reopen a probate estate under Iowa Code section 633.489 (2009). Becky and Kent Lewis ("Lewises"), plaintiffs, sought to reopen Ralph Roethler's estate to allow them to exercise a "first right to purchase" eighty acres of farmland. The executor of the estate did not notify the Lewises that the will contained this right during the administration of this estate. The district court...

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