Legal Opinion

Ely v. Nye

Supreme Court of Iowa

Decided October 18, 1921PublishedCited by 3 opinions

Appeal from Linñ District Court. — F. F. Dawley, Judge. ■ - Action brought by the executors of her estate for the construction of the will of Harriette S. Daniels, who died October .24, 1919. A full statement appears in the opinion.

1Opinion of the CourtStevens, J.

This appeal involves the construction of the will and several codicils of Harriette S. Daniels, deceased, the material paragraphs of which are as follows:

Items 3, 4, 5, and 7 of the will:

“Item 3. I give, devise and bequeath unto my executors,' iii trust, for my sister, Lydia B. Ely, of Brookline, Mass., in token of my love and affection, and in recognition of her kindness to me in times past, the sum of five thousand dollars ($5,000), to be invested as my executors shall see fit, the income of which investment I direct them to pay to my said sister during her lifetime, and upon her decease,…

2Cases cited3 opinions

  1. State ex rel. Meyer v. GreeneSupreme Court of Alabama · 1908
  2. Hinrichsen v. HinrichsenIllinois Supreme Court · 1898
  3. Bales v. MurraySupreme Court of Iowa · 1919

3Cited by3 opinions

  1. In Re Will of EngelsSupreme Court of Iowa · 1930
  2. In Re Van Wechel's EstateSupreme Court of Iowa · 1950
  3. Banfield v. SchuldermanOregon Supreme Court · 1931

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