Furenes v. Eide
Supreme Court of Iowa
Appeal from Story District Court. — IIoN. B. P. Biedsale, Judge. Thoe OlsoN died July 23, 1899, seised of four hundred and sixty acres of land in Story county, and by will gave the use of it during life to his wife, and one-half of the remainder to his heirs, and the other one-half to the children of his wife by a former marriage.
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Appeal from Story District Court. — IIoN. B. P. Biedsale, Judge. Thoe OlsoN died July 23, 1899, seised of four hundred and sixty acres of land in Story county, and by will gave the use of it during life to his wife, and one-half of the remainder to his heirs, and the other one-half to the children of his wife by a former marriage. See Furenes v. Severtson, 102 Iowa, 322. Shortly before his death he signed deeds conveying forty acres of land to each of three grandchildren, S. C. Sev-ertson, Anna M. Eide, and Ellen M. Mickelson. S. C. Severt-•son having died, his father, John Severtson,…
1Opinion of the CourtLadd, J.
The deeds from Thor Olson to his three grandchildren were without consideration, and doubtless intended as a gift. Though nearly eighty years of age, and physically very weak, ha appears to have had the full possession of his faculties, and not to have been unduly influenced in what he did. The evidence relating to his care and treatment falls far short of indicating mental incapacity or the exercise of control over him by others. We may, then, limit our-inquiry to ascertaining, whether the deeds were delivered; for a gift, to be effective, must be complete. They were prepared by, and…
2Cases cited9 opinions
- Otto v. DotySupreme Court of Iowa · 1883
- Dettmer v. BehrensSupreme Court of Iowa · 1898
- McElhenney v. HendricksSupreme Court of Iowa · 1891
- Walkley v. ClarkeSupreme Court of Iowa · 1899
- Blair v. HowellSupreme Court of Iowa · 1886
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3Cited by26 opinions
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- Hanns v. HannsOregon Supreme Court · 1967
- O'Dell v. O'DellSupreme Court of Iowa · 1947
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