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In the Matter of the Estate of Donald G. Speck, deceased
Attorney for Appellants
Andrew B. Howie
Attorney for Appellee
Matthew D. Gardner
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Warren County, Patrick W. Greenwood, Judge. AFFIRMED. Heard by Danilson, C.J., and Mullins and McDonald, JJ. Opinion by Mullins, J. (10 pages)
The children of Donald Speck appeal a district court order granting a petition to probate a lost will filed by Donald’s ex-son-in-law under which he was a beneficiary and co-executor and the majority of Donald’s children were disinherited. The children argue the presumption of revocation was not rebutted by clear, satisfactory, and convincing evidence and assert the court erroneously shifted the burden of proof to them. OPINION HOLDS: We find substantial evidence supports the district court’s conclusion the presumption of revocation by the testator of his 2012 will was rebutted. We affirm the decision of the district court.