Metteer v. Wiley
Supreme Court of Iowa
Appeal from, Scott District Gourt. The petition shows that the plaintiff is the widow of Charles Metteer, deceased, who died November 30,1870.,' that the deceased left a will containing the. following pro-, vision for the plaintiff : “ After the payment of my debts, I give' and bequeath to my wife, Zilpha Metteer, all my property, real and personal, except what is hereinbefore devised; to be held by her during her natural life, for her sole use and benefit.
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Appeal from, Scott District Gourt. The petition shows that the plaintiff is the widow of Charles Metteer, deceased, who died November 30,1870.,' that the deceased left a will containing the. following pro-, vision for the plaintiff : “ After the payment of my debts, I give' and bequeath to my wife, Zilpha Metteer, all my property, real and personal, except what is hereinbefore devised; to be held by her during her natural life, for her sole use and benefit. But at her death I direct that the same be divided among all my children or their heirs” (naming them): And that the will was duly…
1Opinion of the CourtMiller, J.
But a single question is presented by the record in this case, namely, is the widow’s dowel barred by her acceptance of the provisions of the will in her behalf? This question must be answered in the negative. It is a settled rule in the construction of wills, that where *216there is no express declaration in the will barring the dower of the wife, the intention that it shall be barred must be deduced by clear and manifest implication from the instrument, founded on the fact that the claim of dower would be inconsistent with the will or so repugnant to some of its dispositions as to disturb and…
2Cases cited2 opinions
- Corriell v. HamSupreme Court of Iowa · 1856
- Sully v. NebergallSupreme Court of Iowa · 1870
3Cited by11 opinions
- In re Estate of StevensSupreme Court of Iowa · 1913
- Mack v. ProctorSupreme Court of Iowa · 1897
- Watrous v. WinnSupreme Court of Iowa · 1873
- Blair v. WilsonSupreme Court of Iowa · 1881
- Howard v. WatsonSupreme Court of Iowa · 1888
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