Matter of Estate of Prehoda

Defendants, executor, Paul M. Scherrer, and beneficiary, Edward P. Scherrer, appeal from trial court’s order rejecting their claims asserted in response to plaintiffs’ petition to set aside probate of a will under section 633.308, The Code 1979. Defendants claim 1) that plaintiffs’ action is precluded by a 1965 joint and mutual will executed by decedent, Bessie Prehoda, and her predeceased husband, Wesley, and 2) that plaintiffs are bound by the 1966 probate proceedings of Wesley’s estate in which the joint will was determined to be mutual and contractual. We reverse trial court’s order and…