Sully v. Nebergall
Supreme Court of Iowa
Appeal from Scott District Court. Action in equity to recover a dower interest in certain real estate. The plaintiff is the assignee or grantee of the dower right of Harriett Singleton in the lands in controversy, she being the widow of Thomas Hayward, deceased. The defendants are the grantees of the heirs at law of the said decedent.
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Appeal from Scott District Court. Action in equity to recover a dower interest in certain real estate. The plaintiff is the assignee or grantee of the dower right of Harriett Singleton in the lands in controversy, she being the widow of Thomas Hayward, deceased. The defendants are the grantees of the heirs at law of the said decedent. The cause was tried before a referee who reported his findings of fact and conclusions of law, upon which the court rendered judgment for plaintiff. The defendants appeal. The further néeessary facts are stated in the opinion. to the point that evidence dehors…
1Opinion of the Court
Cole, Ch. J.
i. Tui: tion of widow, I. There are, really, but two points involved in this controversy. The defendants claim that Thomas Hayward made a will, and that after' his death his widow, under whom the plaintiff claims, elected to take according to and under the will, whereby her right of dower was abandoned and lost. The *333alleged will is very brief, is dated September 2, 1850, about tbe time of tbe testator’s death, and is as follows:
“ I give and bequeath to my beloved wife, Harriet Hayward, all my estate, consisting of 170 acres of land, together with all my personal property (after…
2Cases cited5 opinions
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
- Church v. BullNew York Supreme Court · 1845
- Fuller v. YatesNew York Court of Chancery · 1840
- Barrett v. BrooksSupreme Court of Iowa · 1866
- Corriell v. HamSupreme Court of Iowa · 1856
3Cited by10 opinions
- McGuire v. BrownSupreme Court of Iowa · 1875
- In re Estate of StevensSupreme Court of Iowa · 1913
- Archer v. BarnesSupreme Court of Iowa · 1910
- Herr v. HerrSupreme Court of Iowa · 1894
- McDermid v. BourhillOregon Supreme Court · 1921
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