Morey v. Morey
Supreme Court of Iowa
Appeal from MitchellDistrict Court. — Hon. C. H. Kelpy,. Judge. One Hiram A. Morey died in 1884, having executed a. will, the significant portions of which are as follows: “(1) I will and bequeath to my wife, Juliette Morey, all of my personal property, and the use of the north ninety acres of the southeast quarter of section thirty-four, and the south half of the northwest quarted of section thirty-five, all in township ninety-nine (99) north, of ranve fifteen west of the…
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Appeal from MitchellDistrict Court. — Hon. C. H. Kelpy,. Judge. One Hiram A. Morey died in 1884, having executed a. will, the significant portions of which are as follows: “(1) I will and bequeath to my wife, Juliette Morey, all of my personal property, and the use of the north ninety acres of the southeast quarter of section thirty-four, and the south half of the northwest quarted of section thirty-five, all in township ninety-nine (99) north, of ranve fifteen west of the 5th principal meridian, so long as she may live; and at her death, I will and bequeath (2) to my niece Almira Moreyjthree…
1Opinion of the CourtMcClain, J.
1 I. It is conceded that the plaintiff is ■entitled to dower in addition to -the life estate, and the only controversy in that respect is as to the method in which dower is to be set off. Plaintiff contends that she is entitled to have her dower interest in the entire 170 acres set apart to her in one'tract, so as to in: •elude the “dwelling house given by law to the homestead” (Code, section 3367), which dwelling house is on the 90-acre tract, and that therefore the court shoiild have ordered so much of the 90 acres to be set apart to her as would equal • •one-third in value of the…
2Cases cited12 opinions
- Wright v. Denn Ex Rel. PageSupreme Court of the United States · 1825
- Hoyt v. . HoytNew York Court of Appeals · 1881
- Lewis v. DarlingSupreme Court of the United States · 1854
- Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887
- Reynolds v. . Reynolds' ExecutorsNew York Court of Appeals · 1857
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3Cited by5 opinions
- Boehm v. RohlfsSupreme Court of Iowa · 1937
- Lacey v. CollinsSupreme Court of Iowa · 1907
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- Rice v. RiceSupreme Court of Iowa · 1910