Wilson v. Carter
Supreme Court of Iowa
Appeal from Butler District Court.— IIon. C. H. Kelly, Judge. Suit to enjoin the defendants from selling real estate under execution. There was a judgment for the plaintiff, from which the defendants appeal.—
1DissentWeaver, J.
(dissenting).— Whether the execution of the instrument and its deposit in the bank operated to pass a present interest to the appellee depends upon the intent of the deceased, and the circumstances convince me that she understood and believed that she bad thereby made a full present transfer of the title to her son; possession and enjoyment of the property under such conveyance being postponed until her death. Even if the paper is to be regarded as testamentary, I see no good reason why the cause should be remanded and appellee required to go through the form of probating it in order to…
2Cases cited4 opinions
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