Legal Opinion

Eckey v. Eckey

Supreme Court of Iowa

Decided November 22, 1921PublishedCited by 7 opinions

Appeal from Henry District Court. — Osoar Hale, Judge. APPLICATIONS in probate to require the executor of decedent testator to convey to appellees certain real estate in conformity with the terms of the will. The material facts are stated in the opinion. The trial court sustained the appellees’ contentions.

1Opinion of the CourtDe Graff, J.

The will of Henry C. W. Eckey was duly admitted to probate February 25, 1918, and Henry Eckey, Jr., nominated in the will, was appointed and duly qualified as executor.

After providing for the payment of debts and making a bequest of $1,200 to Ernest Eckey, a son, the will contains the following provisions:

“III. That the balance of my property, both real and personal, be appraised and divided equally between my children. This being divided in eight equal parts.”
“V.- My real estate to be appraised by three disinterested parties. I nominate and appoint Y. E. Lauer, W. E. Buchanan and Aug. C.…

2Cases cited1 opinion

  1. Snyder v. SnyderSupreme Court of Iowa · 1888

3Cited by7 opinions

  1. Overbeck v. Estate of BockNebraska Supreme Court · 1977
  2. In Re Estate of SeefeldtSouth Dakota Supreme Court · 2006
  3. In Re Estate of GiffinSupreme Court of Iowa · 1969
  4. In Re Estate of LorimorSupreme Court of Iowa · 1974
  5. In re the Estate of NewbySupreme Court of Iowa · 1968

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