Legal Opinion

Herring v. Herring

Supreme Court of Iowa

Decided October 25, 1919PublishedCited by 14 opinions

Appeal from Johnson District Court. — R. G. Poiuiam, Judge. Suit iu partition. The title of the property is put in dispute as between two sets of heirs.

1Opinion of the Court

Evans> J.

The controversy herein is between the heirs of Mary Rohret on the one hand, and the heirs of Peter Rohret, husband of Mary, on the other. Both sets of contestants are made defendants in the case, and have made issue by cross-petition. The controversy involves the construction of the will of Mary Rohret, which contains the following provision:

“2nd: I give, and bequeath to my husband, Peter Rohret, all that share or part of my estate, real, personal and ' *594mixed, which would go to him under the statute of distribution of this state, if T should die intestate, neither desiring to…

2Cases cited5 opinions

  1. Davidson v. KoehlerIndiana Supreme Court · 1881
  2. Gilpin v. HollingsworthCourt of Appeals of Maryland · 1852
  3. Rice v. BurkhartSupreme Court of Iowa · 1906
  4. Tennant v. SmithSupreme Court of Iowa · 1915
  5. Post v. JacksonSupreme Court of Connecticut · 1898

3Cited by14 opinions

  1. Jensen v. NelsonSupreme Court of Iowa · 1945
  2. In Re Estate of SheelerSupreme Court of Iowa · 1939
  3. In Re Estate of FinchSupreme Court of Iowa · 1948
  4. In Re Estate of DavisSupreme Court of Iowa · 1927
  5. In Re Estate of WarrenSupreme Court of Iowa · 1931

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