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Case No. 18-1271

In the Matter of the Trust Under the Will of W.H. Daubendiek

Billy Joe Daubendiek, a/k/a Billy Joe Daubendeck, Appellant

Attorney for Appellant

Steven W. Hendricks

Attorney for Appellees

James L. Kramer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Jul 03, 2019

            Appeal from the Iowa District Court for Palo Alto County, Donald E. Courtney, Judge.  AFFIRMED.  Heard by Potterfield, P.J., and Doyle and May, JJ.  Opinion by May, J.  (6 pages)

            Billy Joe Daubendiek, a/k/a Billy Joe Daubendeck, appeals a district court ruling concluding he has no interest in a trust created by W.H. Daubendiek’s will.  OPINION HOLDS:  Under the terms of the will, the beneficiaries of the trust are (1) the named beneficiaries and (2) their “lawful bodily issue.”  Billy Joe is the adopted child of a named beneficiary.  As a matter of law, the phrase “lawful bodily issue” only extends to biological children, not adopted children.  Therefore, Billy Joe has no interest in the trust.

Date Amended:
Jul 09, 2019
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