In this tortious interference with a bequest or inheritance case, the jury returned a verdict in Harold Youngblut’s favor and against his brother, Leonard Youngblut, in the amount of $596,086.88 plus interest. Leonard argues: (1) Harold’s tortious interference claim fails as a matter of law because he chose to embrace the 2014 will and accept all of its benefits rather than file a timely contest of the 2014 will; (2) regardless of Huffey v. Lea, 491 N.W.2d 518 (Iowa 1992), and Frohwein v. Haesemeyer, 264 N.W.2d 792 (Iowa 1978), Harold’s acceptance of the benefits of the 2014 will without filing a will contest establishes the affirmative defense that Harold, as a matter of law, is estopped from claiming the same 2014 will was tortiously procured; and (3) the district court erred in refusing to apply a pro tanto credit for settlement payments made by other defendants before trial thereby allowing an actual recovery that was greater than the jury’s assessment of damages.

County:

Black Hawk

Trial Court Case No.:

CVCV127065