McGuire v. Brown
Supreme Court of Iowa
Appeal from Polk District Gowt. Plaintiff brings this action for the partition of certain • real estate in which he claims to be the owner of the undivided two-thirds, and that the defendant, Triphena Brown, is the owner of the undivided one-third. The court rendered judgment that plaintiff was owner of an • undivided one-fourth, and the defendant of three-fourths. Plaintiff appeals. The facts of the case appear in the opinion.
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Appeal from Polk District Gowt. Plaintiff brings this action for the partition of certain • real estate in which he claims to be the owner of the undivided two-thirds, and that the defendant, Triphena Brown, is the owner of the undivided one-third. The court rendered judgment that plaintiff was owner of an • undivided one-fourth, and the defendant of three-fourths. Plaintiff appeals. The facts of the case appear in the opinion. Under “ existing laws” the widow took nothing as heir, for it was only when the husband died intestate that the widow became more than a dowress. (Rev., § 2495; Dobson…
1Opinion of the Court
Miller, Ch. J. —
The facts of this case are agreed upon by the parties, and are as follows:
“ 1. That on the 24th day of August, 1864, one George McGuire died, leaving the following will:
“Know all men by these presents: That I, George McGuire, of the city of Des Moines, in the county of Polk, state of Iowa, being in the possession of all my senses, with a view of the uncertainty of human life, do make this last will and testament:
Fi/rst. I will and order that all of my just debts and expenses of my burial be paid out of my estate.
Second. I bequeath to my beloved wife, Triphena McGuire,…
2Cases cited3 opinions
- Burns v. KeasSupreme Court of Iowa · 1866
- Sully v. NebergallSupreme Court of Iowa · 1870
- Black v. BlackSupreme Court of Iowa · 1874
3Cited by28 opinions
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- Alston v. AlstonSupreme Court of Iowa · 1901
- Johnson v. BodineSupreme Court of Iowa · 1899
- Shick v. HoweSupreme Court of Iowa · 1908
- In Re Estate of ClarkSupreme Court of Iowa · 1940
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