In re Estate of Davis
Supreme Court of Iowa
Appeal from Gedar Gvreuit Oov/rt. Jacob Davis, by will, dated January 27, 1868, devised and bequeathed all his real and personal property to his children. He soon after married, and died on the 13th day of March, 1870. His will was duly admitted to probate, and his widow, Anna, in addition to the real estate to which she is entitled, claims one-third of all the personal property of the deceased. No provision is made in the will for the claimant.
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Appeal from Gedar Gvreuit Oov/rt. Jacob Davis, by will, dated January 27, 1868, devised and bequeathed all his real and personal property to his children. He soon after married, and died on the 13th day of March, 1870. His will was duly admitted to probate, and his widow, Anna, in addition to the real estate to which she is entitled, claims one-third of all the personal property of the deceased. No provision is made in the will for the claimant. The circuit court adjudged that the widow was entitled to no part of the personal property belonging to the estate of the deceased. The widow…
1Opinion of the Court
Beck, Oh. J.—
The sole question presented for our determination involves the right of the widow to take as a distributee of the personal property of the estate notwithstanding it has been fully disposed of by the will of her deceased husband. The question depends mainly for solution upon the construction of our statutes governing the descent and distribution of property. And to one at all familiar with these enactments this statement is a sufficient indication of the difficult'nature of the task before us, for there are no laws, which we are called upon to interpret, so nearly enigmatical to…
2Cases cited1 opinion
- Dow v. DowSupreme Judicial Court of Maine · 1853
3Cited by6 opinions
- Ward v. WolfSupreme Court of Iowa · 1881
- Linton v. CrosbySupreme Court of Iowa · 1883
- In re the Appeal of LittleUtah Supreme Court · 1900
- Linton v. CrosbySupreme Court of Iowa · 1883
- Poole v. BurnhamSupreme Court of Iowa · 1898
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