Klumpert v. Vrieland
Supreme Court of Iowa
Appeal from Sioux District Court. — Hon. F. E. Gaynor Judge. D. J. Klumpert died testate September 23, 1906, leaving real and personal property of the estimated value of $12,760. His will, duly admitted to probate, after providing for the payment of debts, directs the disposition of bis property as follows:. “(1) To Jan. Vrieland, Ryssen, Netherlands, Prov. Overyssel, one thousand dollars. (2) To Gerhardth Vrieland, Deventer, two hundred dollars.
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Appeal from Sioux District Court. — Hon. F. E. Gaynor Judge. D. J. Klumpert died testate September 23, 1906, leaving real and personal property of the estimated value of $12,760. His will, duly admitted to probate, after providing for the payment of debts, directs the disposition of bis property as follows:. “(1) To Jan. Vrieland, Ryssen, Netherlands, Prov. Overyssel, one thousand dollars. (2) To Gerhardth Vrieland, Deventer, two hundred dollars. (3) To the children of D. J. Klumpert’s brother Frederick Klumpert, Voorst, Gelderland, Netherlands, three hundred dollars. (4) To First…
1Opinion of the CourtLadd, J.
1. WiiaswhaSt™aw!oii: governs. The sole inquiry is whether the residuary clause of decedent’s will leaving of his property “the balance ^ie Poor Voorst, Gelderland, Netherlands,” is valid. This necessarily depends on ^ jaw 0£ decedent’s domicile and location of the property, rather than the place of distribution. Caruth v. Caruth, 128 Iowa, 121.
The objections to the clause are: (1) That the beneficiaries are uncertain and impossible of identification; (2) no trustee is designated to select them; and (3) no trust is created. In passing on the questions thus raised, it will be well to keep in…
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