In re the Estate of Tolerton
Supreme Court of Iowa
Appeal from Black Hawk District Court. — TIon. Franklin C. Platt, Judge. Application for tbe construction of a trust conveyance. The two daughters, who are the only heirs of the grantor in such conveyance, claim that the writing operated to vest his estate in them. One of the legatees, Cornell College, of Mt. Vernon, claims that it did not, but says that his estate should be distributed as provided by his will.
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Appeal from Black Hawk District Court. — TIon. Franklin C. Platt, Judge. Application for tbe construction of a trust conveyance. The two daughters, who are the only heirs of the grantor in such conveyance, claim that the writing operated to vest his estate in them. One of the legatees, Cornell College, of Mt. Vernon, claims that it did not, but says that his estate should be distributed as provided by his will. The trial court found in favor of the heirs, holding that the property passed to them under the deed of trust. The college appeals.
1Opinion of the CourtPreston, J.
Deceased, J. J. Tolerton, was a widower. On May 24, 1911, he executed the trust deed in question, which will be set out later. On March 27, 1912, he executed his will. He died June 8, 1912. The trust was accepted in *680writing by tbe trustee May 29, 1911. Tbe estate consisted of real estate and personal property of the value of about $100,-000.00, a part of which is in Black Hawk County, Iowa, and the remainder in South Dakota. The trust conveyance was filed for record, and recorded soon after the execution of the deed, in the counties in this state and South Dakota where the real estate was…
2Cases cited24 opinions
- Martin v. MartinIllinois Supreme Court · 1897
- Tucker v. TuckerSupreme Court of Iowa · 1908
- McClure's AppealSupreme Court of Pennsylvania · 1873
- Taylor v. TaylorSupreme Court of Iowa · 1902
- Lewis v. CurnuttSupreme Court of Iowa · 1906
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3Cited by8 opinions
- Shaull v. ShaullSupreme Court of Iowa · 1918
- Dunn v. Dunn TrustSupreme Court of Iowa · 1935
- Young v. Young-WishardSupreme Court of Iowa · 1939
- Anderson v. TelsrowSupreme Court of Iowa · 1946
- Johnson v. LaveneSupreme Court of Iowa · 1923
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