Trowbridge v. Sypher
Supreme Court of Iowa
Appeal from Polk Circuit Cowrt. The plaintiff is executor of the will of R. W. Sypher, deceased. As such executor he filed a petition in the Circuit Court of Polk county for an order for the sale of real estate to pay the debts of the estate. The defendant, Matilda II. Sypher, widow of R. W. Sypher, deceased, claims a distributive share of the real estate, and in case of sale a distributive share of the proceeds.
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Appeal from Polk Circuit Cowrt. The plaintiff is executor of the will of R. W. Sypher, deceased. As such executor he filed a petition in the Circuit Court of Polk county for an order for the sale of real estate to pay the debts of the estate. The defendant, Matilda II. Sypher, widow of R. W. Sypher, deceased, claims a distributive share of the real estate, and in case of sale a distributive share of the proceeds. The other defendants, heirs and devisees, and the plaintiff, deny that she is entitled to such share. A part of the real estate which the plaintiff asks for an order to sell is…
1Opinion of the Court
Adams, Ch. J.
We have first to inquire whether the widow was entitled to any part of the proceeds. The executor and heirs insist that she is not, because her husband made a devise to her of certain property, and provided that the devise should be “ in lieu of dower.” And, while she had disclaimed the devise under section 2é52 of the Code, it is said that such disclaimer cannot have the effect to give her a right to dower, because she is estopped from claiming such right by reason of what was done in her behalf, and accepted by her, at the time the will was made. The testator at the time he…
2Cases cited7 opinions
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Mock v. WatsonSupreme Court of Iowa · 1875
- Swaine v. PerineNew York Court of Chancery · 1821
- Linton v. CrosbySupreme Court of Iowa · 1880
- Danforth v. SmithSupreme Court of Vermont · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Hewitt v. CoxSupreme Court of Arkansas · 1891
- Zion's Savings Bank & Trust Co. v. State Tax Commission (In re Reynolds' Estate)Utah Supreme Court · 1936
- Cottrell v. SmithSupreme Court of Iowa · 1884
- Tetzloff v. MaySupreme Court of Iowa · 1911
- Haynes v. RolstinSupreme Court of Iowa · 1914
5 more not listed; retrieve them via the Exa API.