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Case No. 21-1214

For summaries from opinions prior to August, 2018, view PDF versions here

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:
21-1214
Date Published:
Aug 17, 2022
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.

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