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Case No. 17-1876

In the Matter of the Estate of Thomas James Klein, deceased

Kara J. Klein Borroel and Matthew J. Klein, Appellants

Attorney for Appellants

Kyle J. McGinn

Attorney for Appellee

Gina C. Badding


Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

            Appeal from the Iowa District Court for Sac County, William C. Ostlund, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  Special Concurrence by Danilson, C.J.  (9 pages).

In this will-contest action, Thomas Klein’s children, Kari Klein Borroel and Matthew Klein, argue the district court erred in granting the executor’s motion for summary judgment.  OPINION HOLDS: Because the witness’s deposition establishes the essential elements to formally execute a will, the district court did not err in granting summary judgment in favor of the estate.  SPECIAL CONCURRENCE ASSERTS: I conclude there is no credibility issue that must be determined by the jury.  The nonmoving party should not be able to avoid summary judgment by raising a credibility issue that does not exist. I agree the district court should be affirmed.

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