Ware v. Wisner
U.S. Circuit Court for the District of Iowa
This is a bill in equity, brought to quiet title to 1,288 acres of land located" in Franklin county, Iowa. . Said land was entered by Asahel Gage, who was a non-resident alien residing in Canada. Patents were issued to him; and he held title until his death, which occurred July 1, 1861. He left surviving him eleven children, two of whom have since died.
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This is a bill in equity, brought to quiet title to 1,288 acres of land located" in Franklin county, Iowa. . Said land was entered by Asahel Gage, who was a non-resident alien residing in Canada. Patents were issued to him; and he held title until his death, which occurred July 1, 1861. He left surviving him eleven children, two of whom have since died. At the time of his death, it is conceded that two of his children, John M. Gage and James D. Gage, resided in Iowa, and were citizens of the United. States. It is also conceded that all the remaining children, except two, were at the time of…
1Opinion of the Court
McCRary, Circuit Judge.
My conclusions in this case are as follows: 1.The validity of the will under which the respondent claims title must be determined according to the laws of Iowa, where the land is situated. 1 Redf. Wills, p. 398; Lynch v. Miller, 54 Iowa, 516, 6 N. W. Rep. 740.
2. By the law of Iowa, as interpreted by the supreme court of the state, the will was revoked by the birth of an heir after it was executed. McCullum v. McKenzie, 26 Iowa, 510; Negus v. Negus, 46 Iowa, 487; Fallon v. Chidester, Id. 588; Carey v. Baughn, 36 Iowa, 540.
3. The probate of the will in Iowa, while it…
2Cases cited9 opinions
- Kelly v. OwenSupreme Court of the United States · 1869
- McCullum v. McKenzieSupreme Court of Iowa · 1868
- Lynch v. MillerSupreme Court of Iowa · 1880
- Rheim v. RobbinsSupreme Court of Iowa · 1865
- King v. WareSupreme Court of Iowa · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
- Estate of PattersonCalifornia Court of Appeal · 1923
- United States ex rel. Anderson v. HoweDistrict Court, S.D. New York · 1916
- Hopkins v. FachantCourt of Appeals for the Ninth Circuit · 1904
- Estate of BraceCalifornia Court of Appeal · 1960
3 more not listed; retrieve them via the Exa API.