Moran v. Moran
Supreme Court of Iowa
Ajpeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge. This is a proceeding asking for the construction of the will of John Moran, deceased. The will is in the following language, so far as it is important for the purpose of this proceeding: “Will of John Moran. Before these present, I will and bequeath to Patrick Moran five hundred dollars of money. I will and bequeath to William Toomey nine hundred dollars of money.
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Ajpeal from Dallas District Court. — Hon. J. H. Apple-gate, Judge. This is a proceeding asking for the construction of the will of John Moran, deceased. The will is in the following language, so far as it is important for the purpose of this proceeding: “Will of John Moran. Before these present, I will and bequeath to Patrick Moran five hundred dollars of money. I will and bequeath to William Toomey nine hundred dollars of money. I will and bequeath to Patrick Doyle three hundred dollars of money. I will and bequeath to the Catholic priest who may be pastor of the Beaver Catholic church, when…
1Opinion of the CourtGranger, J.
1 I. We first notice the question whether or not what ¡appears by the terms of the will to be an absolute devise to William Moran of the farm can be shown by parol evidence to be in trust for the children of Bridget Tiernan. It appears that the will was drawn by Father Malone, a Catholic priest. There were present, other than the priest and the testator, William Moran and William Toomey, who were subscribing witnesses. The situation will be best seen by quoting from the record a little of the evidence. Father Malone testified: “When I sat down,. I told him now we were ready to write anything…
2Cases cited7 opinions
- Russell v. AllenSupreme Court of the United States · 1883
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Dowd v. TuckerSupreme Court of Connecticut · 1874
- Gilman v. . McArdleNew York Court of Appeals · 1885
- SchoulerMassachusetts Supreme Judicial Court · 1883
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3Cited by32 opinions
- Harrington v. PierWisconsin Supreme Court · 1900
- In Re Estate of SyversonSupreme Court of Iowa · 1948
- Grant v. SaundersSupreme Court of Iowa · 1903
- Gilmore v. JenkinsSupreme Court of Iowa · 1906
- Estate of HamiltonCalifornia Supreme Court · 1919
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