Dobson v. Dobson
Supreme Court of Iowa
Appeal from General Term, Eighth Judicial District (Diem County). In 1859, Robert Dobson being seized in fee of the N. W. 1-4 of section 21, township 85, N. of range 8 west, died testate and without issue, leaving surviving him his widow, Margaret Dobson, and brothers and sisters, plaintiffs and defendants in this action. Said Bobert bequeathed to his widow the whole of his real estate, being the property above named, during the term of her natural life.
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Appeal from General Term, Eighth Judicial District (Diem County). In 1859, Robert Dobson being seized in fee of the N. W. 1-4 of section 21, township 85, N. of range 8 west, died testate and without issue, leaving surviving him his widow, Margaret Dobson, and brothers and sisters, plaintiffs and defendants in this action. Said Bobert bequeathed to his widow the whole of his real estate, being the property above named, during the term of her natural life. July 13, 1868, Margaret Dobson died without issue. March, 1869, plaintiff filed in the Linn circuit court a petition for partition of the…
1Opinion of the CourtDay, J.
The position of the intervenors is that, as Robert Dobson died without issue, his widow, Margaret, took by inheritance one-half of the real estate of which he died seized.
Their claim is based upon section '2, chap. 63, laws of seventh general assembly (Rev., § 2495), which was in force at the time of Robert’s death. That section is as follows: “ If the intestate leave no issue, the one-half of his estate shall go to his parents and the othpr half to his wife; if he leave no wife, the portion which would have gone to her shall go to his parents.”
Said section confers no rights upon the…
2Cases cited1 opinion
- Clark v. GriffithSupreme Court of Iowa · 1857
3Cited by2 opinions
- Hastings v. DaySupreme Court of Iowa · 1911
- Wright v. BreckenridgeSupreme Court of Iowa · 1904