Legal Opinion · Dissent

Wilson v. Carter

Supreme Court of Iowa

Decided November 21, 1906Published

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

  1. Otto v. DotySupreme Court of Iowa · 1883
  2. Olleman v. KelgoreSupreme Court of Iowa · 1879
  3. Richards v. PierceMichigan Supreme Court · 1880
  4. Arrington v. McLemoreSupreme Court of Arkansas · 1878

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