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NOE v. HAWKEYE BANK

No. 96-615.

570 N.W.2d 114 (1997)

Richard L. NOE, Appellant, v. HAWKEYE BANK n/k/a Mercantile Bank, Trustee, Appellee.

Supreme Court of Iowa.

October 22, 1997.

Attorney(s) appearing for the Case

Morris L. Eckhart of Milroy & Eckhart, Vinton, for appellant.

Ross Hauser of Shea Law Offices, Cedar Rapids, for appellee.

Considered by LARSON, P.J., and CARTER, LAVORATO, NEUMAN, and SNELL, JJ.

CARTER, Justice.

This is a dispute concerning a lease of farmland that had been part of the res of a testamentary trust created under the will of Kenneth Noe, who died on May 8, 1989. Terms of this testamentary trust specified that it was to terminate five years following the death of Kenneth Noe, at which time the trustee was to distribute all income and principal of the trust to Kenneth Noe's five children in equal shares. One of Kenneth Noe's children, Richard...

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