Kling v. Schnellbecker
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. Ben McCoy, Judge. Proceedings for the construction of the will of Henry Schnellbecker, deceased. The question is whether the devisees take per stirpes or per capita. The trial court found that they took per capitaand John Schnellbecker, one of the devisees, appeals.
1Opinion of the CourtDeemer, J.
The testator died in the year 1894 without direct issue. His wife died about the year 1890, leaving no estate and no- direct heirs. At the time of the execution of the will, which was in the summer of 1894,- testator had one sister living, who- was his only heir. This sister died in the year 1897, leaving appellant, her ’son, as her only heir. Testator’s wife left one brother and two sisters as her only surviving heirs; and they, with Mary Kling, a devisee, are the appellees in this case. The will was admitted to probate in February of the year 1897. After making certain specific bequests,…
2Cases cited9 opinions
- Jackson ex dem. Hunt v. LuquereNew York Supreme Court · 1825
- Bassett v. GrangerMassachusetts Supreme Judicial Court · 1868
- Senger v. Senger's Ex'orSupreme Court of Virginia · 1886
- Johnston v. . KnightSupreme Court of North Carolina · 1895
- Pitney v. BrownIllinois Supreme Court · 1867
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3Cited by19 opinions
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- In Re Estate of LarsonSupreme Court of Iowa · 1964
- Wright v. CopelandSupreme Court of Iowa · 1950
- Shafer v. TeresoSupreme Court of Iowa · 1907
- Johnson v. BodineSupreme Court of Iowa · 1899
14 more not listed; retrieve them via the Exa API.