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FREEDOM FINANCIAL BANK v. ESTATE OF BOESEN

No. 09-0397.

805 N.W.2d 802 (2011)

FREEDOM FINANCIAL BANK, Appellee, v. ESTATE OF Edward J. BOESEN, Appellant, and Maureen A. Boesen, Appellant.

Supreme Court of Iowa.

November 18, 2011.

Attorney(s) appearing for the Case

James R. Monroe , Des Moines, for appellant Estate of Edward J. Boesen.

Adam C. Van Dike of Connolly O'Malley Lillis Hansen Olson LLP, Des Moines, and Jerrold Wanek of Garten & Wanek, Des Moines, for appellant Maureen A. Boesen.

Louis R. Hockenberg and Benjamin M. Clark of Sullivan & Ward, P.C., Des Moines, for appellee Freedom Financial Bank.

WATERMAN, Justice.

The forgery of a spouse's signature on a mortgage complicates this foreclosure dispute between creditors and the widow over her deceased husband's commercial real estate. Venerable precedent dating back to the 1870s guides our resolution of the parties' competing claims and helps harmonize seemingly conflicting provisions of the probate code. Specifically, we must decide whether a surviving spouse's dower...

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