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In re Estate of Bellus
In the Matter of the Estate of Richard W. Bellus, Deceased
Lenny Lee Coulther, Appellant
Attorney for Appellant
Gail Boliver
Attorney for Appellee
Joseph R. Cahill
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marshall County, John J. Haney, Judge. AFFIRMED. Heard by Schumacher, P.J., and Badding and Langholz, JJ. Opinion by Schumacher, P.J. (9 pages)
A party challenges the district court’s determination that both a petition in probate and a claim in probate could not proceed and that the party failed to meet the burden necessary for promissory estoppel. The party also challenges the district court’s denial of the request to dismiss a claim about a right of first refusal and the court’s determination that the petition in probate failed to correctly name the defendants. OPINION HOLDS: We determine the claim in probate and petition in probate are mutually exclusive under Iowa Code section 633.415(2) (2022) and there was a failure to present strict proof of promissory estoppel. Given this determination, we do not address the other issues on appeal. Accordingly, we affirm.
