Smith v. McKitterick
Supreme Court of Iowa
Appeal from, Des Moines Circuit Cou/rt. Temperance Curts executed her last will, containing the following provisions: “1. I have and own in my own right the sum of two thousand dollars, received from the estate of my father, which I will and bequeath to my daughters, Amanda and Adeline, in equal shares to them and their heirs and assigns.
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Appeal from, Des Moines Circuit Cou/rt. Temperance Curts executed her last will, containing the following provisions: “1. I have and own in my own right the sum of two thousand dollars, received from the estate of my father, which I will and bequeath to my daughters, Amanda and Adeline, in equal shares to them and their heirs and assigns. “2. Whereas, the will of my deceased husband, John Curts, is now being contested at law by some of the heirs, and, whereas, in case said will should be broken, and held to-be void at law, I, as the wife and widow, will be entitled to one-third of all my…
1Opinion of the CourtDay, J.
— I. The plaintiffs failed to except to the sustaining of the demurrer to the original petition, and amended their petition. The appellee now insists that plaintiffs cannot rely upon the claim made in the original petition for interest from the date of the death of the testatrix. But the plaintiffs, in their amended petition, reaffirm all and each the matters contained in their original petition. No demurrer was filed to this allegation, nor motion to strike it out. We think, therefore, that the plaintiffs may claim the relief asked in the original petition.
R-will: spe. citic legacy: ’…
2Cases cited1 opinion
- Graybill v. WarrenSupreme Court of Georgia · 1848
3Cited by12 opinions
- Nusly v. CurtisSupreme Court of Colorado · 1906
- Wilts v. WiltsSupreme Court of Iowa · 1911
- Evans v. HunterSupreme Court of Iowa · 1892
- Davis v. CloseSupreme Court of Iowa · 1897
- McKee v. Cal. Annual Conference of the Methodist Episcopal ChurchCalifornia Supreme Court · 1913
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