Legal Opinion
Kyne v. Kyne
Supreme Court of Iowa
Decided April 2, 1878PublishedCited by 3 opinions
Appeal from Dubuque Circuit Cou/rt. This action involves the construction of a will. The facts fully appear in the opinion. The plaintiff, with defendant James B. Kyne, in his own right and as guardian, and Absalom Cain, executor, appeals.
1Opinion of the CourtBeck, J.
I. The cause was submitted upon an agreed abstract, which may be presented here in place of a statement of facts. It is as follows:
*22Michael Kyne died August 27, 1871, leaving a will, which was duly admitted to probate, the provisions of which, so far as material to this cause, are as follows:
“1st. It is my wish and desire that all my just debts be fully paid.
“2d. It is my wish that my property be kept together as much as possible, for the term of five years after my decease; then, when a division of my property becomes necessary, I wish it divided equally among my children, share and share…
2Cited by3 opinions
- Potter v. WorleySupreme Court of Iowa · 1881
- Garrett v. OlfordSupreme Court of Iowa · 1911
- Hunter v. HunterSupreme Court of Iowa · 1895