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IN RE ESTATE OF WHALEN

No. 12-1927.

827 N.W.2d 184 (2013)

In the Matter of the ESTATE OF Mary Florence WHALEN, Deceased. Michael Whalen, Appellant.

Supreme Court of Iowa.

Rehearing Denied March 8, 2013.

Attorney(s) appearing for the Case

Chad D. Brakhahn and Larry G. Gutz of Simmons Perrine Moyer Bergman, PLC, Cedar Rapids, for appellant (until withdrawal).

Michael J. Whalen, Anamosa, pro se.

Brad J. Brady , Robert J. O'Shea , and Ann E. Brown-Graff of Brady & O'Shea PC, Cedar Rapids, for appellee.

WATERMAN, Justice.

This expedited appeal requires our court to decide whether the Final Disposition Act, Iowa Code chapter 144C (2011), allows the surviving spouse to disregard his wife's written instructions on where to bury her remains. The decedent's last will and testament and her correspondence with family members included specific directions to bury her in a plot she had already purchased at a cemetery in Billings, Montana. Her surviving husband instead seeks...

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