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Case No. 18-0069

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:
18-0069
Date Published:
Mar 06, 2019
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.

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