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Case No. 17-0467

In the Matter of the Estate of Donald G. Speck, deceased

Attorney for Appellants

Andrew B. Howie

Attorney for Appellee

Matthew D. Gardner

J.D. Hartung


Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 15, 2018

           Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge.  AFFIRMED.  Heard by Danilson, C.J., and Mullins and McDonald, JJ.  Opinion by Mullins, J. (10 pages)

           The children of Donald Speck appeal a district court order granting a petition to probate a lost will filed by Donald’s ex-son-in-law under which he was a beneficiary and co-executor and the majority of Donald’s children were disinherited.  The children argue the presumption of revocation was not rebutted by clear, satisfactory, and convincing evidence and assert the court erroneously shifted the burden of proof to them.  OPINION HOLDS:  We find substantial evidence supports the district court’s conclusion the presumption of revocation by the testator of his 2012 will was rebutted.  We affirm the decision of the district court.

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