German Evangelical Peace Ass'n v. Arnold
Supreme Court of Iowa
A-ppeal from Audition District Gourt. — E. B. Woodruff, Judge. Mrs. Lois G. Stuart, a resident of Audubon, Iowa, died testate. Among.the bequests provided for in her will was one of $1,000 to the “Trustees of the German Lutheran Church of Audubon, Iowa, in trust, to be expended by said board for the use and benefit of said church.”
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A-ppeal from Audition District Gourt. — E. B. Woodruff, Judge. Mrs. Lois G. Stuart, a resident of Audubon, Iowa, died testate. Among.the bequests provided for in her will was one of $1,000 to the “Trustees of the German Lutheran Church of Audubon, Iowa, in trust, to be expended by said board for the use and benefit of said church.” Claiming the benefit of this gift there appeared two church organiza-. tions, one of which bears the official or corporate name of “The German Evangelical Peace Association of Andnbon, Iowa,” while the official or corporate name of the other is “The German…
1Opinion of the CourtWeaver, J.
1. Wills: construction: extrinsic evidence. With but little dispute, the testimony develops the following facts: Lois G. Stuart, the testatrix, died December 2, 1913. Her will, which has been duly probated, was executed in September, 1911. She was possessed of a considerable estate, was an old resident of Audubon, and, though herself a member of the Presbyterian Church, was a liberal supporter of religious work generally. Among the legacies provided in her will were five of $1,000 each, for the benefit of “The Board of Trustees of the Pres- • byterian Church of Audubon,” “The Board of…
2Cases cited18 opinions
- Lefevre v. . LefevreNew York Court of Appeals · 1875
- Woman's Union Missionary Society of America v. MeadIllinois Supreme Court · 1890
- Gilmer v. StoneSupreme Court of the United States · 1887
- Keith v. . ScalesSupreme Court of North Carolina · 1899
- Skinner v. Harrison TownshipIndiana Supreme Court · 1888
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3Cited by8 opinions
- Valley Savings Bank v. Penn CollegeSupreme Court of Iowa · 1944
- Widney v. HessSupreme Court of Iowa · 1950
- In Re Estate of DurhamSupreme Court of Iowa · 1926
- Wachovia Bank & Trust Co. v. Board of National Missions of Presbyterian Church in United StatesSupreme Court of North Carolina · 1946
- Hollenbeck v. GraySupreme Court of Iowa · 1971
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