IN THE MATTER OF THE ESTATE OF MARRIAN M. NEWHALL, Deceased.
MARCIA E. NEWHALL ROLL, Defendant-Appellee. RUSSELL L. NEWHALL, Plaintiff-Appellant,
from the Iowa District Court for Butler County, Rustin T.
brother appeals the district court's order on his motion
to enforce a settlement agreement with his sister.
B. Howie of Shindler, Anderson, Goplerud & Weese, PC,
West Des Moines, for appellant.
D. Hanson of Dickinson, Mackaman, Tyler & Hagen, PC, Des
Moines, for appellee.
Considered by Tabor, P.J., and Mullins and Bower, JJ.
gets the grain? That's the question raised by Russell
Newhall's challenge to the ruling on his motion to
enforce a settlement agreement with his sister Marcia Roll
dividing property from their mother's estate. Newhall
insists because he received the grain bins under the
agreement, the grain inside the bins belonged to him. Roll
contends because she took "all other personal
property" under the agreement, the grain belonged to
her. The district court sided with Roll, and Newhall now
appeals. Because the court properly applied contract
principles in resolving the dispute, we affirm.
Facts and Prior Proceedings
and Roll are the biological children of Lowell and Marrian
Newhall.Lowell died in 2011, and Marrian died in
2014. These siblings are not new to Iowa's appellate
courts. In December 2016, our supreme court decided two cases
touching on their inherited property. In Roll v.
Newhall, 888 N.W.2d 422, 424 (Iowa 2016), the court
rejected Roll's assertion Newhall could not inherit under
Marrian's will because he was adopted in 2007, after the
will was executed but before Marrian died. In Newhall v.
Roll, 888 N.W.2d 636, 637 (Iowa 2016), the court decided
a partition action brought by Newhall over two farms he and
Roll owned as tenants in common-a Butler County tract gifted
inter vivos by their parents;and a Hardin County acreage, a
testamentary gift from their aunt.
years of haggling over division of the estate property,
Newhall and Roll entered into a settlement agreement "to
resolve their differences." As relevant to this appeal,
the settlement agreement provided Newhall was
the owner of, and/or shall receive through the probate or
otherwise the following list of tangible personal property:
a. Grain dryer assembly
b. Two Galloway gasoline engines
c. One Waterloo Boy gasoline engine
d. One Sears and Roebuck gasoline engine
e. One International gasoline engine
f. Two miscellaneous gasoline engines of ...