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Case No. 22-2045

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

In re Estate of Roethler

County:
Chickasaw

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:
22-2045
Date Published:
Jan 10, 2024
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.

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