In Re Estate of Duffy

(dissenting) — I find myself unable to agree, and respectfully dissent.

The majority concede that an action to contest a will can only be brought by “one who would have a beneficial interest in the estate, if there was no such will.” (See In re Estate of Stewart, 107 Iowa 117, 77 N.W. 574.)

In the case at bar, if there was no last will and testament, the estate of the deceased would descend intestate. If the deceased died intestate the alleged lien of the appellant, which is purely a creature of the statute, (see Hunter v. Citizens Sav. and Trust Co., 157 Iowa 168, 138 N. W. 475, Ann. Cas.…