Greve v. Camery
Supreme Court of Iowa
Appeal from Tama Circuit Court. Action in equity to restrain tbe defendants from selling a certain quarter section of land on execution. The facts disclosed by the petition are that Peter Overmier died in January, 1861, seized of the property in question, and leaving surviving him the plaintiff Eleanor Overmier, his widow, and three sons.
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Appeal from Tama Circuit Court. Action in equity to restrain tbe defendants from selling a certain quarter section of land on execution. The facts disclosed by the petition are that Peter Overmier died in January, 1861, seized of the property in question, and leaving surviving him the plaintiff Eleanor Overmier, his widow, and three sons. He executed a will prior to his death, which contains the following bequest: “I give and bequeath uuto my beloved wife, Eleanor, all my estate, both personal and real, during her natural life, and that after her death all the property aforesaid to her…
1Opinion of the CourtEeed, J.
The circuit court held that the will conferred upon the widow an estate for life only, and that she was not empowered by it to alienate the real estate. There can be no doubt, we think, of .the correctness of the holding as to the estate created by the devise. The language of the bequest is: “I give, devise and bequeath unto my * * * wife, Eleanor, all my estate, both personal and real, during her natural life.” Words could hardly have been chosen which would have expressed with more clearness and certainty than this language does the intention to limit the estate conferred to the life of the…
2Cited by3 opinions
- In re MurfieldSupreme Court of Iowa · 1888
- In re Will of FosterSupreme Court of Iowa · 1887
- Meyer v. WeilerSupreme Court of Iowa · 1903