In re the Estate of Miller
Supreme Court of Iowa
Appeal 'from Folic District Court. — Hon. W. H. McHenry, Judge. This is a proceeding to construe item 7 of the will of Elizabeth Miller. Erom the decree of the' lower court, Erank Linaberry, devisee named in such item, appeals.—
1Opinion of the CourtEvans, C. J.
This is- a proceeding brought by the executors of the will of Elizabeth Miller, deceased, asking for a construction of item 7 thereof, which item is as follows: “Item 7. I will and bequeath to my grandson Frank Linaberry all of the land of which I die seised in lot two of the official plat of . . . forming a part of the city of Des Moines, Polk County, Iowa.” The testator was at one time the absolute owner in fee simple of all of said lot 2. Prior to making the will she had sold the south sixty feet of such lot to one Mrs. Dey by written contract of sale, which provided for payment of the…
2Cases cited6 opinions
- Wollgast v. HenningSupreme Court of Iowa · 1907
- Baldwin v. ThompsonSupreme Court of Iowa · 1864
- Strang v. HallSupreme Court of Iowa · 1906
- Woodward v. DeanSupreme Court of Iowa · 1877
- Perrine v. JacobsSupreme Court of Iowa · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re Baker's EstateSupreme Court of Iowa · 1956
- In Re Bierstedt's EstateSupreme Court of Iowa · 1963
- Inghram v. ChandlerSupreme Court of Iowa · 1917
- In Re Estate of SpragueSupreme Court of Iowa · 1953
- Larson v. MetcalfSupreme Court of Iowa · 1926
14 more not listed; retrieve them via the Exa API.