Paup v. Sylvester
Supreme Court of Iowa
Appeal from. Jackson District Court. Joshua S. Sylvester, the father of the plaintiff, Mary J., departed this life August 15, 1866. In July, of that year, he made his last will and testament, a copy of which is attached to plaintiff’s petition, and in its material parts is as follows :■ 1. He directs the payment of his just debts. 2. Gives to his wife, the present defendant, one-third of his land, describing it, including the homestead; also, seven hogs, one cow, one horse,…
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Appeal from. Jackson District Court. Joshua S. Sylvester, the father of the plaintiff, Mary J., departed this life August 15, 1866. In July, of that year, he made his last will and testament, a copy of which is attached to plaintiff’s petition, and in its material parts is as follows :■ 1. He directs the payment of his just debts. 2. Gives to his wife, the present defendant, one-third of his land, describing it, including the homestead; also, seven hogs, one cow, one horse, one two-horse plow, one shovel plow, two bedsteads, one one-horse plow, one-third of the growing crop; and directs that…
1Opinion of the CourtWright, J.
1. Pleading and practice: in action for personal property. There is no claim or averment that ' plaintiff did not get “ one-half of the things in the house ” at the time she' left the homestead. In other words, it is not pretended that either 01' any of the articles claimed are hers, in virtue of that clause of the will which directs the mother to give her this half when she shall leave. And this being true, the action of the court below was most clearly correct.
Plaintiff’s averments, we remark in the- outset, are wanting in clearness. A leading difficulty is, she does not state whether the…
2Cases cited1 opinion
- Gaskell v. CaseSupreme Court of Iowa · 1864
3Cited by1 opinion
- Ellsworth v. EllsworthSupreme Court of Iowa · 1871