Preview:

IN THE COURT OF APPEALS OF IOWA No. 8-537 / 07-2117 Filed December 31, 2008

BARD GILTNER, Plaintiff-Appellee, vs. ESTATE OF MARJORIE E. GILTNER, BERT GILTNER, Executor, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Wapello County, James Q. Blomgren, Judge.

Bert Giltner, as executor of the Estate of Marjorie Giltner, appeals from the trial court's ruling dismissing the executor's claim for rent. AFFIRMED.

Heather M. Simplot and John R. Webber III of Harrison, Moreland & Webber, P.C., Ottumwa, for appellant. Craig R. Foss and Gary L. Cameron of Foss, Kuiken, Gookin & Cochran, P.C., Fairfield, for appellee.

Considered by Sackett, C.J., and Huitink and Mahan, JJ.

2 HUITINK, J. Bert Giltner, as executor of the Estate of Marjorie Giltner, appeals from the trial court's ruling dismissing the executor's claim for cash rent from a holdover tenant in possession of the decedent's farmland. I. Background Facts and Proceedings. Bert Giltner, as executor of the Estate of Marjorie Giltner, sued his brother, Bard Giltner, to recover three years' cash rent on sixty-five acres of farmland (farm) Bard was renting from Marjorie when she died in August 2002. Under the terms of Bard's lease with Marjorie, the annual cash rent was equal to the amount of the real estate taxes on the farm. Bard denied liability for cash rent in excess of the real estate taxes he paid on the farm, citing the absence of timely notice terminating his farm tenancy and his resulting right as a holdover tenant to continue renting the farm on the same terms and conditions as he did before Marjorie died. The executor claimed Bard's tenancy terminated upon Marjorie's death and the statutory provisions requiring timely notice of termination of a farm tenancy were inapplicable under the circumstances of this case. The executor's claim for rent was submitted on stipulated facts to the trial court sitting in probate. The parties' stipulation indicates Bard and Bert

mistakenly assumed Marjorie had given all but a life estate in the farm to Bard before she died. Bard accordingly retained possession of the farm, made

improvements, and thereafter paid the annual real estate taxes. When it was subsequently discovered Marjorie still owned the farm when she died, her will was admitted to probate for administration. Bard and Bert were appointed coexecutors. Marjorie's will left all of her real property not ot herwise disposed of to

3 Bard and Bert in equal shares. Bard purchased the farm from the estate in May 2006. The trial court determined the statutory provisions requiring notice of termination of a farm tenancy applied and neither the executor's equitable estoppel nor unjust enrichment theories precluded their application in this case. In the absence of timely notice of termination, the trial court determined Bard, as a holdover tenant, was entitled to continue renting the farm on the same terms and conditions as he did prior to Marjorie's death. Because Bard paid the real estate taxes for the crop years at issue, the court dismissed the executor's claim for additional cash rent. The executor did not file any posttrial motions

requesting the court to address the alternative theories of Bard's liability for additional rent raised either in the pleadings or at trial. The executor appealed. This matter was remanded to the district court for a determination of the nature and extent of the decedent's interest in the real property at issue. On remand, the court ruled that at the time of her death, Marjorie Giltner was the fee simple owner of the farm, which was subject to an oral lease with her son Bard Giltner. II. Standard of Review. Probate matters are heard in equity, and review of those decisions is de novo. Iowa Code

Download BARD GILTNER , Plaintiff - Appell ee , vs. ESTATE OF MARJORIE E. GILTNER, BER

Iowa Law