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MATTER OF ESTATE OF PEARSON

No. 67464.

319 N.W.2d 248 (1982)

In the Matter of the ESTATE OF Perry PEARSON, Deceased. Margaret Rose PEARSON, Appellant, v. John L. PEARSON, Perry Dean Pearson, William Pearson, Theodore Wesley Pearson, Erik Jon Pearson, Craig Elliot Pearson and Britta Sue Pearson, Appellees.

Supreme Court of Iowa.

May 19, 1982.

Attorney(s) appearing for the Case

Joseph L. Fitzgibbons of Fitzgibbons Brothers, Estherville, for appellant.

Richard D. Zito and Daniel E. DeKoter of Corcoran, Skiver & Zito, Sibley, for appellees.

Considered by REYNOLDSON, C. J., and HARRIS, ALLBEE, McGIVERIN, and SCHULTZ, JJ.

SCHULTZ, Justice.

This is an appeal from the pretrial dismissal of a petition to set aside a will. Margaret Rose Pearson, plaintiff, filed a petition to set aside the will of her deceased father-in-law, Perry Pearson. Her husband, Dean Pearson, was not a beneficiary under his father's will, and did not contest the will, even though he had been a beneficiary under a prior will. The district court sustained a motion to dismiss filed by the beneficiaries under the will...

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