Neeley v. Wise
Supreme Court of Iowa
Appeal from Fremont District Court. In 1873, but whether before or after the Code took effect •does not appear, Nancy Neeley diéd intestate, without issue, seized of certain real estate. Her parents were dead at the' timé of her decease. The appellants, B. F. Wise and others, are her brothers and sisters. After the death of her mother, her father married Julia Ann McCoy, by whom he had three children.
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Appeal from Fremont District Court. In 1873, but whether before or after the Code took effect •does not appear, Nancy Neeley diéd intestate, without issue, seized of certain real estate. Her parents were dead at the' timé of her decease. The appellants, B. F. Wise and others, are her brothers and sisters. After the death of her mother, her father married Julia Ann McCoy, by whom he had three children. The plaintiff, husband of the deceased, brought this action to obtain partition of said real estate, and claiming he was entitled to one-half thereof. The appellants, brothers and sisters of the…
1Opinion of the Court
Servers, Oh. J.
The Code provides:
i. descent: ent°Uoiiii?iren blood. “Sec. 2455. If the intestate leave no issue, the one-half of his estate shall go to his parents, and the other half to his wife. If he leaves no wife, the portion which would have gone to her shall go to lffs parents.
“Seo. 2456. If one of his parents be dead, the portion which would have gone to such deceased parent shall.go to the surviving parent, including the portion which would have belonged to the intestate’s wife, had she been living.
“ Sec. 2457. If both parents be dead, the portion which would have fallen to their…
2Cases cited1 opinion
- Bassil v. LofferSupreme Court of Iowa · 1874
3Cited by4 opinions
- Wilcke v. WilckeSupreme Court of Iowa · 1897
- Moore v. WeaverSupreme Court of Iowa · 1881
- Lawley v. KeyesSupreme Court of Iowa · 1915
- Murphy v. MurphySupreme Court of Iowa · 1920