Snyder v. Miller
Supreme Court of Iowa
Appeal from Van Burén District Court. The plaintiff is the widow of Jacob Snyder, deceased, who made his last will and testament in January, 1880, and died in the month of August, 1883. It is claimed in the petition that the provisions in the will for the plaintiff were not intended to be in lieu of her dower or distributive share in the estate, and the demand is made that one-third of that part of the real estate not devised to her be set apart as her distributive share.
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Appeal from Van Burén District Court. The plaintiff is the widow of Jacob Snyder, deceased, who made his last will and testament in January, 1880, and died in the month of August, 1883. It is claimed in the petition that the provisions in the will for the plaintiff were not intended to be in lieu of her dower or distributive share in the estate, and the demand is made that one-third of that part of the real estate not devised to her be set apart as her distributive share. The defendants,, who are the children and heirs of the testator and devisees under the will, contest the right of the…
1Opinion of the CourtNotebook, J.
The will was admitted to probate on the thirteenth day of November, 1883, after due and legal notice of the provision therein made for the plaintiff was given to her by the other parties interested therein, and the plaintiff failed to consent thereto of record as required by section 2152 of the Code. She demands that, if it be found that the provision made for her by the will is not in addition to her dower-right of one-third in value of the real estate, but that it is inconsistent therewith, there be set apart and admeasured to her one-third in value of all the real estate of which her…
2Cases cited4 opinions
- Church v. BullNew York Supreme Court · 1845
- Corriell v. HamSupreme Court of Iowa · 1856
- Clark v. GriffithSupreme Court of Iowa · 1857
- Cain v. CainSupreme Court of Iowa · 1867
3Cited by12 opinions
- Mohn v. MohnSupreme Court of Iowa · 1910
- In re Estate of StevensSupreme Court of Iowa · 1913
- Mitchell v. VestSupreme Court of Iowa · 1912
- Estate of Franke v. WiegandSupreme Court of Iowa · 1896
- Hunter v. HunterSupreme Court of Iowa · 1895
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