Buchan v. German American Land Co.
Supreme Court of Iowa
Appeal from Palo Alto District Court. — H. J. Lee, Judge. Rai-iymond Buchan died testate March 23, 1907, in Champaign County, Illinois.
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Appeal from Palo Alto District Court. — H. J. Lee, Judge. Rai-iymond Buchan died testate March 23, 1907, in Champaign County, Illinois. The material portions of his will are as follows; * * To my wife M. J. Buchan I give all of my household goods of every description and one third of net income from all my lands during her life. * * * My son, Raymond, I give the East half of Sec. 23 and NW% Sec. 23 and the North 120 acres of the West y2 of the West y2 of Sec. 21 all in Vernon Township, Palo Alto County, Iowa, * * * This instrument I write October 10, 1906, hereby revoking my former will. * *…
1Opinion of the CourtStevens, J.
1. Judgment: conchisWeness of adjudica*°n: persons concluded: unborn children. I. The argument of appellant is that the will of Raliymond Buchan devised to plaintiff a life estate only, and • ’ that, when the time arrived for consummatjng †]16 saie) ]ie was not possessed of a merchantable title. On the other hand, appellee construes the will in question as giving him the land absolutely, in fee.
On or about September 26, 1908, Raymond Buchan, appellee herein, filed a petition in the office of the clerk of the district court of Palo Alto County, making each of his *914brothers -who were married,…
2Cases cited30 opinions
- Kent v. . Church of St. MichaelNew York Court of Appeals · 1892
- Fagan v. HookSupreme Court of Iowa · 1905
- Archer v. JacobsSupreme Court of Iowa · 1904
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3Cited by24 opinions
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- Skelton v. CrossSupreme Court of Iowa · 1936
- Smith v. HuberSupreme Court of Iowa · 1938
- Lambert v. KempthorneSupreme Court of Iowa · 1920
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