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WATSON v. MANLEY

No. 51425.

130 N.W.2d 693 (1964)

J. O. WATSON, Jr., Executor of the Last Will and Testament of Rufus B. Manley, Deceased, Plaintiff, v. Thora MANLEY et al., Defendants.

Supreme Court of Iowa.

Rehearing Denied December 14, 1964.

Attorney(s) appearing for the Case

Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, and Hall & Ewalt, Indianola, for defendants-appellants Floyd Manley, Janice Westerly, and Carolyn Hunerdosse.

Watson, Elgin & Hoyman, Indianola, for plaintiff-appellee.

Maynard Hayden, Indianola, for First Methodist Church of Indianola, First Methodist Church of Milo, and others.

LARSON, Justice.

The principal issue raised in this declaratory judgment action instituted by the executor of the Last Will and Testament of Rufus B. Manley, deceased, was whether the bequest to the First Methodist Church of Indianola, Iowa, and the First Methodist Church of Milo, Iowa, was limited to 25% of decedent's estate after payment of debts, either by the will itself or by the provisions of Section 633.3, Code 1962,1 which purports...

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