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In re Estate of Bartosh
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:
Date Published:
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.