Lynda Cich, Executor of Estate of June McLeish, Lynda Cich, Hedilyn Leavitt, and Heatherlyn Lambert
v.
Mark McLeish
Appellee
Lynda Cich, Executor of Estate of June McLeish, Lynda Cich, Hedilyn Leavitt, and Heatherlyn Lambert
Appellant
Mark McLeish
Attorney for the Appellee
James J. Burns
Attorney for the Appellant
Christopher F. O'Donohoe
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Bremer County, Colleen D. Weiland, Judge. AFFIRMED AND REMANDED. Heard by Vogel, C.J., Vaitheswaran, J., and Gamble, S.J. Opinion by Vaitheswaran, J. (10 pages)
Mark McLeish appeals the probate of June McLeish’s will, challenging the district court’s determinations that (1) he had a confidential relationship with June, (2) he breached a fiduciary duty under the terms of his power of attorney, (3) he intentionally interfered with the sisters’ inheritance, and (4) the sisters were entitled to damages under the doctrine of ademption. OPINION HOLDS: We affirm the district court’s order, and we remand to the district court for consideration of an award of appellate attorney fees.