Moore v. Weaver
Supreme Court of Iowa
Appeal from Jones District Oowrt, This is an action for tbe partition of certain real estate. William Moore, jr., died intestate, seized in fee of tbe lands described, and leaving surviving bim neither wife, child, nor parent. His mother, Ann Moore, died prior to the death of his father, William Moore, sr. William Moore, sr., after the death of his wife Ann, married the plaintiff Alvira Moore.
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Appeal from Jones District Oowrt, This is an action for tbe partition of certain real estate. William Moore, jr., died intestate, seized in fee of tbe lands described, and leaving surviving bim neither wife, child, nor parent. His mother, Ann Moore, died prior to the death of his father, William Moore, sr. William Moore, sr., after the death of his wife Ann, married the plaintiff Alvira Moore. The plaintiffs and the defendants differ in their views as to the proportion in which the estate shall be divided. The only question in the case is whether Alvira Moore, the step-mother of the…
1Opinion of the CourtHay, J.
The case involves an application of the principles of the following sections of the Code:
1. descent: inheritance from child, dower. Sec. 2440. One-third in value of all the legal or equitable estates in real property posessessed by the husband at any time during the marriage, which has not been sold ° ' ° . on cxecu^on or arU other judicial sale, and to which the wife has made no relinquishment of her right, shall be set apart as her property in fee simple, if she survives hi pi. The same share of the real estate of a deceased wife shall be set apart to the surviving husband.
Sec. 2455. If the…
2Cases cited1 opinion
- Neeley v. WiseSupreme Court of Iowa · 1876
3Cited by13 opinions
- McAllister v. McAllisterSupreme Court of Iowa · 1918
- Shick v. HoweSupreme Court of Iowa · 1908
- Wilcke v. WilckeSupreme Court of Iowa · 1897
- Caulfield v. NoonanSupreme Court of Iowa · 1940
- Lash v. LashSupreme Court of Iowa · 1881
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