Opel v. Shoup
Supreme Court of Iowa
Appeal from Johnson District Court. — Hon. M. J. Wade. Judge. ■Ab'fioN in equity to determine the interest of the several parties in lots 1, 2, and 8, block 51, in Iowa City, belonging to the estate of John C. Hormel, a resident of Iowa, who died at Iowa City, testate, April 13, 1892. All the defendants except the wife and children of F. C. Hormel, deceased, appeal from the decree ren4ered.
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Appeal from Johnson District Court. — Hon. M. J. Wade. Judge. ■Ab'fioN in equity to determine the interest of the several parties in lots 1, 2, and 8, block 51, in Iowa City, belonging to the estate of John C. Hormel, a resident of Iowa, who died at Iowa City, testate, April 13, 1892. All the defendants except the wife and children of F. C. Hormel, deceased, appeal from the decree ren4ered. The court erred in holding that said Anna Shoup took nothing under said will, but was only entitled to one-tenth of said estate as heir of John C. Hormel, deceased. The intent of the testator is the first…
1Opinion of the CourtGiven, J.
The last will and testament of John C. Hormel, deceased, provides as follows: “After my death, I desire that my estate, of whatever name and nature, be placed in the hands of a trustee, hereinafter named, to be by him invested so as to be productive of good interest, and in such manner as he may deem safe.(2) I desire that the entire proceeds of said investment of my estate shall be paid at the end of each year to my wife, Elizabeth Hormel, so long as she shall remain my widow. If she marries again, then I desire that one-half of my estate be paid to her for her own free use and behoof, and…
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