Tarbell v. Smith
Supreme Court of Iowa
Appeal from Wayne District Court.— Hon. II. M. Towner, J udge. The plaintiffs are respectively tbe surviving widow and the sole surviving child of E. E. Tarbell, who died seised of certain real estate,, and they allege that by the provisions of the will of said deceased they are vested with the complete title to said real estate, the widow having a life estate and the daughter the remainder in fee, and they ask that their title be quieted as against the defendants, who are…
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Appeal from Wayne District Court.— Hon. II. M. Towner, J udge. The plaintiffs are respectively tbe surviving widow and the sole surviving child of E. E. Tarbell, who died seised of certain real estate,, and they allege that by the provisions of the will of said deceased they are vested with the complete title to said real estate, the widow having a life estate and the daughter the remainder in fee, and they ask that their title be quieted as against the defendants, who are the sister, mother, and other relatives of the deceased. A decree was rendered in favor of plaintiffs, quieting the title…
1Opinion of the CourtMcClain, J.
1. Contingent remainder. The only claim of the defendants, or any of them, to any interest in the real estate in controversy, arises out of the construction of the will of E. E. Tarbell,. by one provision of which the real estate in controversy was devised “ to my beloved wife * * during the term of her natural life, or so long as she remains my widow, and after her death to go to my daughter, Lottie C. Tarbell, and at her death, if she has no heirs, then said estate, or so much of it as may be left, to be equally divided amongst my heirs.” The Lottie C. Tarbell named in the will is the…
2Cases cited3 opinions
- Fowler v. DuhmeIndiana Supreme Court · 1896
- Meyer v. WeilerSupreme Court of Iowa · 1903
- Collins v. CollinsSupreme Court of Iowa · 1902
3Cited by18 opinions
- McCulloch's Estate v. ConradSupreme Court of Iowa · 1952
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Brain v. DeanSupreme Court of Iowa · 1913
- Haviland v. HavilandSupreme Court of Iowa · 1905
- Pyne v. PyneCourt of Appeals for the D.C. Circuit · 1946
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