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Case No. 22-1135

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

In re Estate of Marley

County:
Monona

Joel Marley, Appellant

Attorney for Appellant

Stanley E. Munger

Attorney for Appellee

Elizabeth R. Meyer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1135
Date Published:
May 24, 2023
Summary

            Appeal from the Iowa District Court for Monona County, Jeffrey A. Neary, Judge.  AFFIRMED.  Heard by Ahlers, P.J., Badding, J., and Carr, S.J.  Opinion by Ahlers, P.J.  (8 pages)

            A beneficiary of a will appeals a ruling denying a request to remove the executor and find a no-contest clause contained in the will triggered by the executor’s submission of a later will that was ultimately found to be invalid.  OPINION HOLDS: The executor’s submission of the later will did not amount to a challenge of the will and did not trigger the no-contest clause.  The beneficiary did not establish grounds to remove the executor.

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