Schillinger v. Bawek
Supreme Court of Iowa
Appeal from Mitchell District Court.— Hon. Clifford P. Smith, Judge. Action for the partition of certain real estate. Defendants denied plaintiff’s ownership of any part of the property, and pleaded title in themselves, based upon certain conveyances and the will of Bernhard Schillinger, deceased.
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Appeal from Mitchell District Court.— Hon. Clifford P. Smith, Judge. Action for the partition of certain real estate. Defendants denied plaintiff’s ownership of any part of the property, and pleaded title in themselves, based upon certain conveyances and the will of Bernhard Schillinger, deceased. Plaintiff claimed that the conveyances were never delivered, that they were obtained through fraud and undue influence, and that at the time the will and conveyances were made deceased was of unsound mind and incapable of making or entering into the same. The case was tried to the court, resulting…
1Opinion of the CourtDeemer, J.
Plaintiff and defendants Theresa Bawek, Mary Washatka, and Caroline Lentz are the children and heirs at law of Bernhard Schillinger, deceased. The other defendants are the husbands of some of the daughters and the minor children of another daughter, Christina Brown. Some time in June, of the year 1898, Bernhard Schillinger made a will. As this will has never turned up, and it is claimed it has been destroyed, oral testimony was introduced as to its contents, the purport of which is as follows: “ Personal property and use of land while she lived was granted to his wife, Maria Schillinger, Mary…
2Cases cited15 opinions
- Barnewall v. MurrellSupreme Court of Alabama · 1895
- In Re the Judicial Settlement of the Accounts of PiffardNew York Court of Appeals · 1888
- Harp v. ParrIllinois Supreme Court · 1897
- Trask v. TraskSupreme Court of Iowa · 1894
- Wikoff's AppealSupreme Court of Pennsylvania · 1850
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3Cited by13 opinions
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- Covington EstateSupreme Court of Pennsylvania · 1943
- Curley v. LynchMassachusetts Supreme Judicial Court · 1910
- Estate of Merryfield v. FoxCalifornia Supreme Court · 1914
- Davis v. John E. Brown CollegeSupreme Court of Iowa · 1929
8 more not listed; retrieve them via the Exa API.