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Case No. 21-0218

In the Matter of the Estate of Dennis R. Peterson, Deceased

Joseph Parcell, Appellant

Attorney for Appellant

John G. Daufeldt

Attorney for Appellee

Laura F. Kron, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 11, 2022

            Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Heard by Bower, C.J., and Schumacher and Ahlers, JJ.  Opinion by Schumacher, J.  (8 pages)

            A beneficiary appeals a district court order granting an executor’s application to sell real estate.  The beneficiary argues that as the estate was not insolvent, abatement was not needed.  The beneficiary further asserts the district court failed to comply with the statutory order for abatement.  OPINION HOLDS: We affirm the district court’s determination that abatement was necessary to satisfy the debts and charges of the estate.  However, as the district court failed to follow the applicable abatement statute, we reverse as to the order of abatement.  Accordingly, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. 

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