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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
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.