Whited v. Pearson
Supreme Court of Iowa
Appeal from Cass District Court. — Hon. N. W. Maoy, Judge. L. Whited died testate in April, 1889, leaving Mary A. Whited as Ms widow. The following are the provisions of his will in her favor: “Second.
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Appeal from Cass District Court. — Hon. N. W. Maoy, Judge. L. Whited died testate in April, 1889, leaving Mary A. Whited as Ms widow. The following are the provisions of his will in her favor: “Second. I do hereby grant and bequeath the house and lot in Atlantic, Iowa, on which we now live, being lot-, in block -, in the city of Atlantic, Cass county, Iowa, to my beloved wife, Martha A. Whited, during her lifetime, with the further right, if she may so desire, to sell and convey it, and, if it be necessary for her support at any time, she may use the proceeds thereof, or so much as she may…
1Opinion of the CourtGranger, J.
1. Estates of decedents: rights of ■widow: homestead: election to take under will- — I. We are first to determine if the widow, by her acts, is limited to a homestead right in the real estate of her husband. At the outset it will be well to have clearly in mind her rights at his death. They were: First, the homestead right. If she accepted this, she could claim neither of the others. Second, a distributive share under the law, — one-third in fee. This she could take without the homestead right, but it might include, or be, the homestead. Code, section 2441. Third, the benefits conferred by…
2Cases cited3 opinions
- Egbert v. EgbertSupreme Court of Iowa · 1892
- Burdick v. KentSupreme Court of Iowa · 1879
- Darrah v. CunninghamSupreme Court of Iowa · 1887
3Cited by6 opinions
- Byerly v. ShermanSupreme Court of Iowa · 1905
- In re Estate of StevensSupreme Court of Iowa · 1913
- Bailey v. HughesSupreme Court of Iowa · 1902
- Robson v. LambertsonSupreme Court of Iowa · 1902
- Reeseman v. DavenportSupreme Court of Iowa · 1895
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