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Savings Bank Primghar v. Kelley
Savings Bank Primghar, Plaintiff-Appellee,
vs.
Douglas Kelley and Mary Iverson, Defendants-Appellants,
American Friends Service Committee, Intervenor.
Attorney for Appellants
Steve Hamilton and Molly M. Hamilton
Attorney for Appellee
Paul W. Deck, Jr.
Bruce A. Green
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for O’Brien County, Nancy L. Whittenburg, Judge. AFFIRMED IN PART, REVERSED AND VACATED IN PART, AND REMANDED. Considered by Bower, C.J., and Schumacher and Ahlers, JJ. Opinion by Bower, C.J. (12 pages)
Mary Iverson and Douglas Kelley appeal from summary judgment entered in favor of Savings Bank Primghar on its request for declaratory judgment and conversion regarding the Gregory Henry Autenrieth Trust (Trust) and the denial of Kelley’s application to intervene as executor of Greg Autenrieth’s estate. OPINION HOLDS: We affirm the decree that the settlor failed to exercise his general power of appointment and the bank is entitled to the possession of the funds distributed to Iverson and Kelley because they are not contingent beneficiaries under the Trust. We reverse and vacate the court’s ruling to the extent it made findings of fact and decreed the ultimate disposition of the Trust funds. We also conclude the district court erred in denying Kelley’s application to intervene as executor. We remand for further proceedings.