Legal Opinion

Van Guilder v. Justice

Supreme Court of Iowa

Decided October 20, 1881PublishedCited by 5 opinions

Appeal from Guthrie Cir&mt Oov/rt. The plaintiff and defendants Emily and Ellen 0. Yan Guilder are heirs and devisees of David Yan Guilder. The defendant Sarah A. Justice is the widow of said David. The plaintiff in this action seeks to have partitioned certain real estate devised to him and his sisters. Mrs. Justice claims she is entitled to a distributive share thereof, and asks the same be set apart to her.

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Appeal from Guthrie Cir&mt Oov/rt. The plaintiff and defendants Emily and Ellen 0. Yan Guilder are heirs and devisees of David Yan Guilder. The defendant Sarah A. Justice is the widow of said David. The plaintiff in this action seeks to have partitioned certain real estate devised to him and his sisters. Mrs. Justice claims she is entitled to a distributive share thereof, and asks the same be set apart to her. The court found for the plaintiff and entered a decree accordingly. Mrs. Justice appeals.

1Opinion of the CourtSeevers, J.

i. dowek : slStmMi' devise. The facts are, David Yan Guilder died in 187J owning one hundred and twenty acres of real estate and some personal property, which he disposed of by will as follows: “First, I give and bequeath to my beloved wife the following described property, to have and to hold free from all claims.” Here follows a description of forty acres of the land and other provisions which need not be stated. “Second, that the following described lands * * * be held in trust and controlled *670by my wife Sarah A. during the minority of the following named children, Emily, Austin, and Ellen…

2Cases cited2 opinions

  1. Corriell v. HamSupreme Court of Iowa · 1856
  2. Cain v. CainSupreme Court of Iowa · 1867

3Cited by5 opinions

  1. In re Estate of StevensSupreme Court of Iowa · 1913
  2. Hunter v. HunterSupreme Court of Iowa · 1895
  3. Parker v. ParkerSupreme Court of Iowa · 1906
  4. Goldizen v. GoldizenSupreme Court of Iowa · 1899
  5. Estate of LambCalifornia Superior Court · 1910

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