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IN RE ESTATE OF WARRINGTON

No. 02-1727.

686 N.W.2d 198 (2004)

In the Matter of the ESTATE OF Leonard WARRINGTON, Deceased. Gary D. Hyland, Conservator of Leona Warrington, Appellant, v. Kim S. Sheldon and Cindy L. Sheldon Alder, Appellees.

Supreme Court of Iowa.

September 1, 2004.

Attorney(s) appearing for the Case

Roger L. Sutton of Sutton Law Office, Charles City, for appellant.

Keith A. McKinley of McKinley, Folkers, Walk & Murphy, P.L.C., Osage, for appellees.

TERNUS, Justice.

This case involves a dispute over a life tenant's right to invade the corpus of the real property subject to the life estate. Although the appellees, heirs of the remainderpersons, did not dispute that Leonard Warrington's will gave the life tenant, his wife Leona, a power of invasion in addition to a life estate, they contended Leona had waived this right. The district court agreed, concluding Leona, who served as executor of her husband's estate...

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