Wright v. Copeland

The important question for decision is whether the residuary clause of the will is ambiguous.

Plaintiffs’ appeal is from the sustaining of defendants’ motion to dismiss the petition. Plaintiffs failed to plead further and thereby elected to stand on the record theretofore made. The above ruling is therefore deemed a final adjudication. Rule 86, Rules of Civil Procedure. See also Town of Lakota v. Gray, 240 Iowa 193, 194, 35 N.W. 2d 841, 842; Brown v. Schmitz, 237 Towa 418, 422, 22 N.W. 2d 340, 342, 343; In re Estate of Robinson, 231 Iowa 1099, 1101, 3 N.W. 2d 158, 160, and citations.

The…