Estate of Clark v. Lundy

REES, Justice.

Appeal from order of trial court extending time of performance of a family settlement agreement in the form of' a stipulation previously acquiesced in by all parties. Plaintiffs contend the entry of such order was in excess of authority of the court and we agree, and reverse and remand for entry of further orders.

Homer D. Clark died testate, a resident of Monroe County, Iowa, on March 20, 1967, and thereafter, on April 4, 1967, his last will and testament was admitted to probate, and Hugh W. Lundy, one of the defendants herein, who was nominated in said will, was appointed…