Collins v. Collins
Supreme Court of Iowa
Appeal from Winneshiek District Court.- — Hon. L. E. Fellows, Judge. The plaintiff is a devisee under tbe will of bis deceased father, John Collins, and tbis action is brought to have a part of said will construed.
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Appeal from Winneshiek District Court.- — Hon. L. E. Fellows, Judge. The plaintiff is a devisee under tbe will of bis deceased father, John Collins, and tbis action is brought to have a part of said will construed. Tbe clauses thereof which are material to tbe inquiry before us are as follows: “(1) To Joseph-Collins, my oldest son, and Frank Collins, my youngest son, together, I give and bequeath tbe following, to wit: My farm of 309 acres, in sections one (1) and twelve (12), in Military township, Winneshiek county, Iowa; and tbe said farm of 309 acres above described shall not be sold or…
1Opinion of the Court
Sherwin, J. —
It needs no citation of authority in support of the rule that the intention of the testator must gov-' ern in the construction of wills, if it may be carried into effect “without violating some deeper principle of public policy;” and that, “whatever respect the'constructions put upon corresponding words in other wills may deserve from the court by way of precedent, this plain and lawful intent in the particular will should not be defeated.” And this intention of the testator must be discovered from the language of the will itself, as “applied to the subject-matter and the…
2Cases cited1 opinion
- Jordan v. HinkleSupreme Court of Iowa · 1900
3Cited by14 opinions
- Guilford v. GardnerSupreme Court of Iowa · 1917
- McCulloch's Estate v. ConradSupreme Court of Iowa · 1952
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Brain v. DeanSupreme Court of Iowa · 1913
- Haviland v. HavilandSupreme Court of Iowa · 1905
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