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IN RE ESTATE OF CORY

No. 53306.

169 N.W.2d 837 (1969)

In the Matter of the ESTATE of Ernest C. CORY, Deceased. Melville V. CORY, Plaintiff-Appellee, v. ANKENY STATE BANK, Ankeny, Iowa, as Executor of the Last Will and Testament of Ernest C. Cory, Deceased, Edith Cory, Gladys Spring, Albert D. Cory, and All Unknown Claimants and All Persons Unknown Claiming any Right, Title or Interest, However Described in and to the Estate of Which the Said Ernest C. Cory Died Seized, Defendants, Edith Cory, Gladys Spring and Albert D. Cory, Defendants-Appellants.

Supreme Court of Iowa.

Rehearing Denied September 15, 1969.

Attorney(s) appearing for the Case

Coppola & Trout, Des Moines, for appellants.

Smedal, Maurer & Brewer, Ames, Charles E. Feight, Ankeny, and Herrick, Langdon, Belin & Harris, Des Moines, for appellee.

MOORE, Justice.

This is a will contest case. The will being contested was dated January 18, 1965 and filed June 3, 1965 in the Polk County district court. It was admitted for probate on June 14, 1965. Contestant filed his petition to set aside probate and contest will on November 2, 1965.

Contestant alleged lack of testamentary capacity and undue influence as grounds for denying validity of the will. The court withdrew the issue of lack of testamentary capacity...

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