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In re Estate of Roethler
In the Matter of the Estate of Veronica J. Roethler, Deceased.
David H. Roethler and Dale F. Roethler, Appellants
Attorney for Appellants
Beau D. Buchholz
Attorneys for Appellee
Justin E. LaVan
Brandon M. Hanson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge. REVERSED AND REMANDED. Heard by Bower, C.J., and Schumacher and Langholz, JJ. Opinion by Schumacher, J. (12 pages)
David Roethler and Dale Roethler appeal the district court’s decision considering extrinsic evidence in interpreting the will of their late mother, Veronica Roethler. OPINION HOLDS: The will as written was not ambiguous. The district court improperly considered the testimony of the scrivener of the will to find Veronica’s intent was different from the language of the will. The court rewrote the will to include property in a trust that was not specified by the will to be included in the trust. We reverse the decision of the district court and remand for further proceedings.
