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Case No. 19-1214

In the Matter of the Estate of Vera E. Cawiezell, Deceased.

The executors seek further review of the court of appeals decision affirming the district court’s ruling that a restriction on alienability in the decedent’s will was not valid, regarding the provisions of the will concerning the farm tenant’s first right of refusal to purchase the farmland and his continued leasing of the property, and the determination of the boundary lines of the decedent’s residence.

County:
Muscatine

Phyllis Knoche, Terry Brooks and Jill Brooks, Co-Executors-Appellants

Attorney for Applicants

Gregg Geerdes

Attorney for Resisters

Andrew B. Howie

John L. Holmes

Supreme Court

Oral Argument Schedule

15-15-5

Mar 24, 2021 9:30 AM

Supreme Court Opinion

Opinion Number:
19-1214
Date Published:
Apr 30, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1214
Date Published:
Nov 04, 2020
Summary

            Appeal from the Iowa District Court for Muscatine County, Thomas G. Reidel and Patrick McElyea, Judges.  AFFIRMED.  Heard by Mullins, P.J., and May and Schumacher, JJ.  Opinion by Schumacher, J.  (14 pages)

            The executors appeal several issues concerning the district court’s construction of the decedent’s will.  OPINION HOLDS: We determine the district court properly ruled a restriction on alienability in the decedent’s will was not valid.  We affirm the court’s ruling on the provisions of the will concerning the farm tenant’s first right of refusal to purchase the farmland and his continued leasing of the property. The court properly determined the boundary lines of the decedent’s residence.  We affirm the decision of the district court.

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