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Case No. 23-0868

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

In re Estate of Jackson

County:
Clarke

In the Matter of the Estate of Betty Jackson, Deceased.

Mike Jackson and Joann Callison, Co-Executors of the Estate of Betty Jackson, Appellants.

Attorney for Appellants

Matthew J. Hemphill

Attorney for Appellees

Fred L. Dorr

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0868
Date Published:
Sep 04, 2024
Summary

            Appeal from the Iowa District Court for Clarke County, Brad McCall, Judge.  AFFIRMED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Schumacher, P.J., and Ahlers and Langholz, JJ.  Opinion by Ahlers, J.  (8 pages)

            Co-executors of an estate appeal a district court order interpreting a provision in a will providing a beneficiary the opportunity to purchase real property from the estate.  OPINION HOLDS: The clear and unambiguous language of the will does not support the purchase price of the property sought by the co-executors, so we do not disturb the purchase price set by the district court.  However, the district court prematurely terminated the beneficiary’s rental obligation on the property prior to its purchase.  We vacate the portion of the district court’s order providing specific financing options for the beneficiary.  And we vacate the portion of the district court’s order holding the estate responsible for a portion of damages to the property.

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