Shupe v. Bartlett
Supreme Court of Iowa
Appeal from Warren District Court. — IIon. J. H. Apple-gate, Judge. Action iu equity for the partition, of real estate. Eliza J. Bartlett claims to be the owner of the real estate, and both she and her co-defendant, Eulah H. Bartlett, contend that, if the plainiff has an interest in the property, this action was prematurely brought. There was a hearing on the merits, and a decree from which the defendants named appeal.
1Opinion of the CourtBobinson, J.
Eliza J. Bartlett is the widow of E. G. Bartlett, deceased. He died testate in February, 1895, and at that time held the legal title to the real estate in controversy, consisting of a farm of about one hundred and ten acres of land in Warren county, and parts of certain lots in the town of Lacona, and provided in his will that his wife should have all of his property, both real and personal, during her lifetime, and that “at her death she shall have, by will or otherwise, the disposing of one-third of said farm, — never before.” The remainder of the property of the testator was to revert at…
2Cases cited4 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- Murphy v. HanscomeSupreme Court of Iowa · 1888
- Richardson v. HaneySupreme Court of Iowa · 1888
- Trout v. TroutSupreme Court of Iowa · 1876
3Cited by1 opinion
- German v. HeathSupreme Court of Iowa · 1908