Estate of Luke

Lynard C. Hinojosa for Claimant and Appellant.

OPINION

JOHNSON, J.

This is an appeal and cross-appeal from a judgment determining heirship in which the court apportioned the estate of Raymond Luke between his heirs and the heirs of his predeceased spouse, Catherine Luke. We affirm in part and reverse in part.

The parties stipulated to the following facts.

Raymond and Catherine Luke were married in Illinois in 1926. They moved from Illinois to Iowa in 1937 and resided there until Catherine's death in 1978. Soon after, Raymond moved to California where he died intestate in 1984. Between the date of Catherine's death and his own, Raymond was not employed nor did he receive any gifts or inheritances.

Catherine's estate was probated in Iowa and the probate file was received in evidence in the case before us. The record shows the following assets: a 40-acre farm (the separate property of Catherine disposed of by will) and property held in joint tenancy with Raymond; a home in Carroll County Iowa valued at $30,000; Series E savings bonds valued at $25,588; time certificates valued at $80,856. [1]

There were no children of the marriage. The dispute before us is between Raymond's…