Fulton v. Fulton
Supreme Court of Iowa
Appeal from Butler District Court. — M. F. Edwards, Judge. Action to construe a will. The question presented is whether the children of the testator took a vested or a contingent remainder at the time of his death. The remainder was subject to the life estate of the widow. One son died without issue, after the death of the testator, but before the death of the widow. The deceased son left a widow surviving him.
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Appeal from Butler District Court. — M. F. Edwards, Judge. Action to construe a will. The question presented is whether the children of the testator took a vested or a contingent remainder at the time of his death. The remainder was subject to the life estate of the widow. One son died without issue, after the death of the testator, but before the death of the widow. The deceased son left a widow surviving him. This widow claims, as sole devisee of her husband, the remainder alleged to have vested in her husband upon the death of the testator. The trial court held that the remainder was…
1Opinion of the CourtEvans, J.
*• Sitin'°“róvested61??') or aevise^bySn-^ ' direction. The testator was Levi Fulton- He left surviving him a widow and eight children. He devised certain real estate in Butler County, the material part of , his will being as follows:
“First: After the payment of my just debts, including funeral expenses and expenses of administration, I give, devise and bequeath unto my wife, Elizabeth Fulton, to hold during the balance of her natural life, and enjoy the rents and profits therefrom, the following described property, to wit: [Describing it.]
“Second: Upon the death of my wife, I direct that all…
2Cases cited22 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- In Re the Accounting of CraneNew York Court of Appeals · 1900
- Purdy v. . HaytNew York Court of Appeals · 1883
- Archer v. JacobsSupreme Court of Iowa · 1904
- McCartney v. OsburnIllinois Supreme Court · 1886
17 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Katz Investment Co. v. LynchSupreme Court of Iowa · 1951
- In Re Estate of SyversonSupreme Court of Iowa · 1948
- McCulloch's Estate v. ConradSupreme Court of Iowa · 1952
- Henkel v. AuchstetterSupreme Court of Iowa · 1949
45 more not listed; retrieve them via the Exa API.