In re the Estate of Berry
Supreme Court of Iowa
Appeal from Sioux District Court. — IIon. John E. Oliver, Judge. This is a proceeding in probate. It is an application on the part of the widow as the proponent of her husband’s will for an order on the executor directing him to pay her the reasonable expense incurred by her in obtaining the probate of such will. The application was denied, and she appeals.
1Opinion of the CourtEvans, J.
The facts of this case are somewhat out of the ordinary. The will of the deceased was admitted to probate after a contest. In such contest the widow appeared as the proponent and the children of the deceased as the contestants. The executor named in the will was John Berry, a son. He was one of the contestants and, as such, opposed the probate. The will was made in this state. With the exception of a few small bequests, the provisions of the will conformed to the statutes of descent in the state of Iowa. That is to say, one-third was devised to the widow, and the remainder was divided equally…
2Cases cited8 opinions
- Perkins v. PerkinsSupreme Court of Iowa · 1902
- Meeker v. MeekerSupreme Court of Iowa · 1888
- Kirsher v. KirsherSupreme Court of Iowa · 1903
- Allen v. SeawardSupreme Court of Iowa · 1892
- St. James Orphan Asylum v. McDonaldNebraska Supreme Court · 1906
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3Cited by15 opinions
- Re Faling EstateOregon Supreme Court · 1924
- In re Estate of SmithSupreme Court of Iowa · 1914
- Carpenter v. LothringerSupreme Court of Iowa · 1937
- Danielson v. RedenbaughSupreme Court of Iowa · 1943
- In Re Law's EstateSupreme Court of Iowa · 1962
10 more not listed; retrieve them via the Exa API.