Whitehead v. Conklin
Supreme Court of Iowa
Appeal from Lyon Ci/rcuit Cowrt. The petition of plaintiff alleges that her husband, D. C. Whitehead, died seized of certain described real estate; that •out of said premises plaintiff selected and caused to be surveyed and platted her homestead. Plaintiff claims a homestead interést for herself and family in the real estate so .selected, and her dower interest in the remainder of the •estate of her late husband.
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Appeal from Lyon Ci/rcuit Cowrt. The petition of plaintiff alleges that her husband, D. C. Whitehead, died seized of certain described real estate; that •out of said premises plaintiff selected and caused to be surveyed and platted her homestead. Plaintiff claims a homestead interést for herself and family in the real estate so .selected, and her dower interest in the remainder of the •estate of her late husband. The petition asks that an order be made for the admeasurement of plaintiff’s dower in said lands, except that portion claimed as her homestead. Certain of the defendants, who are…
1Opinion of the Court
Day J.
1. dower: homestead. The position of appellant we understand to be that the widow is entitled to possess and occupy for life the property selected by her as a homestead, and that, ^ a¿,j^ion thereto, she is entitled to have one-third part of the remainder of the estate of which her husband died seized set off to her as her distributive share in *479fee. In other words, that if the husband dies seized of one hundred and sixty acres of land, the widow may use and occupy one forty of it as a homestead, and have another forty, or one-third part in value of the remainder, assigned to her as her…
2Cases cited2 opinions
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Mock v. WatsonSupreme Court of Iowa · 1875
3Cited by4 opinions
- McDonald v. McDonaldSupreme Court of Iowa · 1888
- Coleman v. BosworthSupreme Court of Iowa · 1917
- Benjamin v. DoerscherSupreme Court of Iowa · 1898
- Strong v. GarrettSupreme Court of Iowa · 1894