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Case No. 23-1078

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

In re Estate of Bartosh

County:
Benton

Clifford E. Bartosh, individually, Jerry Bartosh, individually, Jerry Bartosh and Clifford Bartosh, as Trustees of the Bartosh Residentiary Trust, Appellants

Marvin Bartosh and Colette Bartosh, Appellees

Attorneys for Appellants

Richard A. Pundt

Vincent Pundt

Leslie E. Stokke

Attorneys for Appellees

Matthew G. Novak

Jennifer Lynn Zahradnik

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1078
Date Published:
Jun 05, 2024
Summary

            Appeal from the Iowa District Court for Benton County, Chad Kepros, Judge.  AFFIRMED. Heard by Tabor, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (11 pages)

            The appellants challenge a district court’s grant of summary judgment that denied their challenge to a will and argue the terms of the will create an improper restriction on the alienation of title.  They also claim the court did not follow the parties’ mediation agreement and erred by enforcing a no-contest provision contained in the will.  OPINION HOLDS: We find the district court properly granted summary judgment.  Because we affirm the grant of summary judgment, we determine the issue of the no-contest provision is moot and we render no further opinion on such issue.

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