Ward v. Wolf
Supreme Court of Iowa
Appeal from Van Bu/rerí Circuit Court. This is a proceeding for the probate of a will. The widow, the plaintiff, objected to the will on the ground that it was executed before her marriage with the testator, and the disposition of all his property made therein, if sustained, will defeat her rights secured by the law.
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Appeal from Van Bu/rerí Circuit Court. This is a proceeding for the probate of a will. The widow, the plaintiff, objected to the will on the ground that it was executed before her marriage with the testator, and the disposition of all his property made therein, if sustained, will defeat her rights secured by the law. The Circuit Court decided that the will does not affect the right of the widow to her .share of the personal and real 'property, and that the property remaining after her share is set apart will be disposed of as provided in the will. Certain heirs and legatees under the will,…
1Opinion of the CourtBeck, J.
l. per-ow’s siíáre? I. The case presents for determination this ■question: Is the right of a widow to the share of the personal property and real estate of her deceased husband prescribed by statute defeated by a will <of her husband executed before her marriage with him?
In our opinion certain provisions of the Code afford a solution of the question. It becomes, therefore, unimportant to ■consider the decisions of the courts touching the effect of the marriage of a testator upon a will before executed. They are understood to be conflicting.
Code, section 2452, is in the following language:…
2Cases cited3 opinions
- Linton v. CrosbySupreme Court of Iowa · 1880
- Smith v. ZuckmeyerSupreme Court of Iowa · 1881
- In re Estate of DavisSupreme Court of Iowa · 1872
3Cited by15 opinions
- In re Estate of SmithSupreme Court of Iowa · 1914
- Vosburg v. MallorySupreme Court of Iowa · 1912
- In Re Estate of FinchSupreme Court of Iowa · 1948
- In re Estate of LyonSupreme Court of Iowa · 1886
- May v. JonesSupreme Court of Iowa · 1893
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