In the Matter of the Estate of Robert Scott Darrah, Deceased.
Robert J. Darrah, Appellant
Attorney for Appellant
Steven H. Krohn
Maynard H. Weinberg
Attorney for Appellees Reagan Q. Darrah and TS Bank, Co-Administrators of the Estate of Robert Scott Darrah
J. Joseph Narmi
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Pottawattamie County, Amy Zacharias, Judge. CONDITIONALLY AFFIRMED AND REMANDED. Considered by Bower, C.J., and Schumacher and Badding, JJ. Opinion by Bower, C.J. (16 pages)
Robert J. Darrah appeals the district court order that set aside the order admitting a lost will to probate in Robert Scott Darrah’s estate. OPINION HOLDS: We find no legal error in the district court order as to the timeliness of the minor children’s motion to set aside and conclude substantial evidence supports the district court’s ruling that Robert did not prove a diligent search had been made. We conditionally affirm the order and remand to the district court.