Mally v. Mally
Supreme Court of Iowa
Appeal -from Polk District Court. — HoNc A. H. McVey, Judge. CATHERINE E. Mally died in September, 1898, seised of certain lands, winch she disposed of in the second paragraph of her last will as follows: “Ihereby give, bequeath and devise and will to my son P. E. Mally all of my real estate wherever situated, of which I may die seised, possessed, or entitled to, subject however to the following conditions, to wit: My son P. E. Mally to be vested with the fee simple title to…
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Appeal -from Polk District Court. — HoNc A. H. McVey, Judge. CATHERINE E. Mally died in September, 1898, seised of certain lands, winch she disposed of in the second paragraph of her last will as follows: “Ihereby give, bequeath and devise and will to my son P. E. Mally all of my real estate wherever situated, of which I may die seised, possessed, or entitled to, subject however to the following conditions, to wit: My son P. E. Mally to be vested with the fee simple title to said land and to own the same in his own right in absolute fee simple title but the said P. F. Mally shall receive the…
1Opinion of the CourtLadd, J.
Under the will the plaintiff took title to the land subject to the bequest of $1,500 to W. E. Mally. Immediately after testator’s death Emma Mally caused execution to be issued on a judgment previously obtained by her against W. E. Mally, and levied on this land. The plaintiff sought to enjoin the sale on the ground that in the lifetime of the testator W. E. Mally had orally assigned to him all of his possible or expectant interest in the testator’s estate in satisfaction of a debt due him. Appellant insists that under the evidence the court should have so held. This is the only point raised…
2Cases cited8 opinions
- Hale v. HollonTexas Supreme Court · 1897
- Boynton v. HubbardMassachusetts Supreme Judicial Court · 1810
- Jones v. JonesSupreme Court of Iowa · 1877
- Mastin v. . MarlowSupreme Court of North Carolina · 1871
- McClure v. RabenIndiana Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Coomes v. FineganSupreme Court of Iowa · 1943
- Stennett v. StennettSupreme Court of Iowa · 1916
- Richey v. RowlandSupreme Court of Iowa · 1906
- Edler v. FrazierSupreme Court of Iowa · 1916
6 more not listed; retrieve them via the Exa API.