Cowin v. Toole
Supreme Court of Iowa
Appeal from Louisa District Gou/rt. The petition shows that Peter Keever, Sr., in his life-time made a will, which, after his decease, in 1849, was duly proved, containing the following clause, viz.: “ I give and bequeath to my son, Peter Keever, Jr., the use and occupation of all my landed estate (except the house and lot devised to Abigail Shaw) and in case of his marriage and having children, his said child or children are to have the said lands after the death of my son…
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Appeal from Louisa District Gou/rt. The petition shows that Peter Keever, Sr., in his life-time made a will, which, after his decease, in 1849, was duly proved, containing the following clause, viz.: “ I give and bequeath to my son, Peter Keever, Jr., the use and occupation of all my landed estate (except the house and lot devised to Abigail Shaw) and in case of his marriage and having children, his said child or children are to have the said lands after the death of my son Peter; and in case of the death of my son Peter without child or children, it is my wish that my daughter, Margaret…
1Opinion of the Court
Miller, J.—
I. Numerous grounds were stated in defendants’ demurrer. Only those, however, presented in argument will be considered.
l. pleading: fraud. The appellees insist that the averments of fraud in the petition are insufficient; that the statement of facts must be such that the court will be enabled to determine why the sales are fraudulent. The petition distinctly avers that a large amount of assets belonging to the estate of the testator came into the hands of defendant Toole, executor; that the same has not been by him in any manner accounted for; that, for the purpose of cheating and…
2Cases cited5 opinions
- Pursley v. HayesSupreme Court of Iowa · 1867
- Campbell v. LongSupreme Court of Iowa · 1866
- Singleton v. ScottSupreme Court of Iowa · 1859
- Sterritt v. RobinsonSupreme Court of Iowa · 1864
- McLenan v. SullivanSupreme Court of Iowa · 1862
3Cited by6 opinions
- Davis v. Central Land Co.Supreme Court of Iowa · 1913
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Watt Ex Rel. Raymond v. DunnSupreme Court of Iowa · 1945
- Larsen v. Utah Loan & Trust Co.Utah Supreme Court · 1901
- Baird v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1900
1 more not listed; retrieve them via the Exa API.