Legal Opinion

Latham v. Latham

Supreme Court of Iowa

Decided December 16, 1870PublishedCited by 7 opinions

Appeal from General Term, Eleventh District (Boone County). Action in equity to quiet title to certain real estate, claimed under an alleged will of John Latham, Sr., deceased. Numerous questions were made in the district court, and the transcript is a voluminous one. Only two questions, however, are here raised by appellants, and they relate to the proof and construction of the will. The facts respecting them are stated in tbe opinion.

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Appeal from General Term, Eleventh District (Boone County). Action in equity to quiet title to certain real estate, claimed under an alleged will of John Latham, Sr., deceased. Numerous questions were made in the district court, and the transcript is a voluminous one. Only two questions, however, are here raised by appellants, and they relate to the proof and construction of the will. The facts respecting them are stated in tbe opinion. Tbe judgment was for plaintiff, and a part o'f tbe defendants appeal.

1Opinion of the Court

Cole, Ch. J.

i wtt.t.. proof-certmea,te. I. Tbe paper purporting to be tbe last will of John Latbam, Sr., deceased, was on tbe files of such papers, and in tbe proper custody of tbe clerk the county court of Boone county. It bad upon it the following indorsement, to wit:

“ State oe Iowa, •)

Boone county, j

“ On this 7th day of August, A. D., 1855, I, Reuben S. Clarke, clerk of the county court of said county, do hereby certify that tbe foregoing and above will and testament of John Latbam, deceased, was read in open court and approved by tbe county judge of said county.
“ Witness my hand and seal…

2Cited by7 opinions

  1. Horner v. HaaseSupreme Court of Iowa · 1916
  2. In Re Bernheim's EstateMontana Supreme Court · 1928
  3. Rose v. HaleIllinois Supreme Court · 1900
  4. In Re Will of RichterSupreme Court of Iowa · 1931
  5. State v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1893

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