Boyer v. Emerson
Supreme Court of Iowa
Appeal from Union District Court. — H. K. Evans, Judge. Aotion on behalf of the administrator of the estate of Charles Emerson, deceased, for instructions relative to the distribution of property of the decedent testator, and to have certain provisions of the will construed.
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Appeal from Union District Court. — H. K. Evans, Judge. Aotion on behalf of the administrator of the estate of Charles Emerson, deceased, for instructions relative to the distribution of property of the decedent testator, and to have certain provisions of the will construed. The trial court found that Kate Emerson, surviving spouse, elected to accept the provision made for her under said will, and that there was no statutory forfeiture as against Roy I. Emerson, the only son, by reason of the death of Kate Emerson through homicidal means on the part of Roy I. Emerson. Defendants appeal. —
1Opinion of the CourtDe Grape, J.
Chas. Emerson, of Crestón, Iowa, died testate, on the 10th day of January, 1919, leaving surviving him his widow, Kate Emerson, and Roy I. Emerson, his only child and heir at law. The will of the said Chas. Emerson was duly admitted to probate, and the material provisions of said will involved in the matters in controversy read as follows:
“I give, devise and bequeath to my dearly beloved wife, Kate Emerson, and my dearly beloved son, Roy I. Emerson, all the rents, issues, and profits of all my property and business so long as my wife, Kate Emerson, shall live; these rents, issues, and profits…
2Cases cited12 opinions
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- Booth's Exr. v. Commonwealth ex rel Jefferson County Atty.Court of Appeals of Kentucky · 1908
- Bruns v. CopeIndiana Supreme Court · 1914
- Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
- Strode v. CommonwealthSupreme Court of Pennsylvania · 1866
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3Cited by29 opinions
- Matter of Estate of O'KeefeSouth Dakota Supreme Court · 1998
- Dunn v. VinyardTexas Commission of Appeals · 1923
- Kilpatrick v. SmithSupreme Court of Iowa · 1945
- Hernandez v. BeckerCourt of Appeals for the Tenth Circuit · 1931
- In Re Estate of FitzgeraldSupreme Court of Iowa · 1937
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