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MATTER OF TRUST OF CROSS

No. 95-0028.

551 N.W.2d 344 (1996)

In the Matter of the TRUST OF Edith CROSS, Deceased. Debora Thornton CHRISTY, David J. Thornton, Diane Thornton Gray, Dennis P. Thornton, Donna Thornton Sillyman, Daniel T. Thornton, Roger C. Thornton, Lila M. Soxman, and Howard L. Cox, Jr., Appellants, v. Verna Sterling TETT, Florine Dudley, Greta Gallahan, Esther French, Margaret Fry, Claire Steelman, Ellen Dillard, Robert Chance, Steve Wildeboer, Evelyn Hand, Lewis Deal, Vernon Chance, and Kenneth Steelman, Appellees, Glen Richard Cross, Trustee.

Court of Appeals of Iowa.

May 31, 1996.

Attorney(s) appearing for the Case

Charles F. Fairall of Fairall, Fairall, Kaplan, Hoglan, Condon & Klaessy, Marshalltown, for appellants.

Randal B. Caldwell and Gilbert R. Caldwell III of Caldwell, Caldwell, & Caldwell, Newton, and Dayton Countryman, Nevada, for appellees.

Nathan B. Updegraff of Selby, Updegraff & Smith, Newton, for trustee.

Before HABHAB, P.J., HUITINK, J., and McCARTNEY, Senior Judge.

HABHAB, Presiding Judge.

Edith Cross died testate on October 20, 1957. The residuary clause of her will bequeathed her property in trust to Kenneth Cross as trustee, directing amounts necessary from the income and corpus of the trust be used to provide for the care and maintenance of her daughter, Doris. Upon Doris' death, the trust assets were to be distributed in the following manner as set forth in Item IV of Edith's will: one-sixth to Fred Thornton, one-sixth...

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