Fay v. Smiley

I. James Fay died on February 10, 1921. Shortly thereafter, his will was admitted to probate in the Avoca division of the Pottawattamie district court. The part that is material to our consideration is Paragraph 2, which reads:

“I give, devise and bequeath the sum of $1.00 to my beloved wife Katherine Fay, subject to her rights and dower interest allowed her by statute.”

On February 10, 1922, Katherine Fay, appellant herein, instituted proceedings in the probate court for the construction of said will, which proceedings eventually resulted in the decision of In re Estate of Fay, 196 Iowa 1099.

On…