Legal Opinion

Devoe v. Atkinson

Supreme Court of Iowa

Decided January 19, 1901PublishedCited by 21 opinions

Appeal from Union District Court. — IIon. II. 11. Towner, Judge. The appellant, Carrie E. Devoe, is the widow of A. B. Devoe, who died intestate February 26, 1898. The appellees are the children of A. B. Devoe by former marriages.

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Appeal from Union District Court. — IIon. II. 11. Towner, Judge. The appellant, Carrie E. Devoe, is the widow of A. B. Devoe, who died intestate February 26, 1898. The appellees are the children of A. B. Devoe by former marriages. In August, 1898, William E. Devoe, one of the appellees herein, brought an action for the partition of real estate of which A. B. Devoe, his father, died seised, alleging that the appellant, Carrie E. Devoe, had no interest therein except such as was provided by an antenuptial contract in writing entered into by her before her marriage to his father. In March, 1899,…

1Opinion of the CourtSherwin, J.

1 *92 *7The evidence conclusively shows that an antenuptial contract in writing was entered into by the •appellant and A. B. Devoe, her deceased husband, and that it was drawn by his attorney, Mr. J. H. Copenhaffer, and signed by both parties in his presence and in the presence of Mr. A. J. Bivens, and that it was witnessed by both Copenhaffer and Bivens, and duly acknowledged by the latter as a notary public. No entire contract bearing the signatures of the appellant and her husband has been discovered, but a few days after his death the following written instrument was found among his papers in…

2Cases cited20 opinions

  1. Tayloe v. RiggsSupreme Court of the United States · 1828
  2. McNutt v. McNuttIndiana Supreme Court · 1888
  3. Fisher v. KoontzSupreme Court of Iowa · 1899
  4. Naill v. MaurerCourt of Appeals of Maryland · 1866
  5. Mahaffy v. MahaffySupreme Court of Iowa · 1884

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3Cited by21 opinions

  1. Moore v. SchermerhornOregon Supreme Court · 1957
  2. Knapp v. PenfieldNew York Supreme Court · 1932
  3. Deller v. DellerWisconsin Supreme Court · 1910
  4. In Re Estate of ParishSupreme Court of Iowa · 1945
  5. McMinimee v. McMinimeeSupreme Court of Iowa · 1947

16 more not listed; retrieve them via the Exa API.

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