Hausen v. Dahlquist

232 Iowa 100, 5 N.W.2d 321 (1942)

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Hausen v. Dahlquist

Iowa Supreme Court

232 Iowa 100, 5 N.W.2d 321 (1942)

Facts

Viona Hausen (plaintiff) inherited a partial share of a piece of property from her father. Hausen petitioned the court to partition the property before her father’s will had been admitted to probate. Three of her siblings, Laun, Herene, and Leroy Dahlquist, (defendants), who had also inherited interests in the property and were appointed as trustees, moved to dismiss the petition on the ground that the will could not be effected until admitted to probate. The court refused to dismiss, and the siblings appealed. While the appeal remained pending, the will was admitted to probate.

Rule of Law

Issue

Holding and Reasoning (Bliss, J.)

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Casebooks

Wills, Trusts, and Estates

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