Cain v. Cain
Supreme Court of Iowa
Appeal from Wapello District Court. Application for the admeasurement of dower. The plaintiff was the second wife and is the widow of Morrison Cain deceased; and the defendants are his children and heirs at law, by a former wife. He died in April, 1865, aged sixty-five years, and his will was duly probated in the June following. This suit was commenced in October of that year. It appears that the real estate mentioned in his will was all of which he died seized.
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Appeal from Wapello District Court. Application for the admeasurement of dower. The plaintiff was the second wife and is the widow of Morrison Cain deceased; and the defendants are his children and heirs at law, by a former wife. He died in April, 1865, aged sixty-five years, and his will was duly probated in the June following. This suit was commenced in October of that year. It appears that the real estate mentioned in his will was all of which he died seized. The plaintiff avers her right to dower, and in addition to the devise to her by the will. She sets out a full copy of the will 'in…
1Opinion of the CourtCole, J.
l. will: . Sf dower.1 At the common law the right of dower was simply the use for life of one-third the' real • estate of which the husband was seized, during coverture. (4 Kent Com. 35.) Under our statute that right is absolute property in fee simple to such third part. (Laws of 1862, ch. 151, p. 173.)
As to whether the provisions of a will in favor of the wife were intended to be in lieu of dower, or in addition thereto, has been the occasion of frequent adjudications. The English rule (aside from statute) requires that the will shall expressly state the provisions to be in lieu of dower, or…
2Cases cited1 opinion
- Corriell v. HamSupreme Court of Iowa · 1856
3Cited by8 opinions
- Mohn v. MohnSupreme Court of Iowa · 1910
- In re Estate of StevensSupreme Court of Iowa · 1913
- Snyder v. MillerSupreme Court of Iowa · 1885
- Hunter v. HunterSupreme Court of Iowa · 1895
- Van Guilder v. JusticeSupreme Court of Iowa · 1881
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