Richart v. Richart
Supreme Court of Iowa
Appeal from Benton District Court. Action for partition of 360 acres of land. The plaintiff claims an equal partition of two-thirds thereof, between himself and his ten brothers and sisters, who are made defendants, and that one-third be partitioned to his stepmother and two half brothers, Sherman and Lewis Richart, who are also made defendants — claiming such to be their respective interests under the will of his father, William Richart, deceased.
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Appeal from Benton District Court. Action for partition of 360 acres of land. The plaintiff claims an equal partition of two-thirds thereof, between himself and his ten brothers and sisters, who are made defendants, and that one-third be partitioned to his stepmother and two half brothers, Sherman and Lewis Richart, who are also made defendants — claiming such to be their respective interests under the will of his father, William Richart, deceased. The district court ordered partition accordingly, and the defendants, Catharine Richart and her two sons, Sherman and Lewis, appeal. The rule…
1Opinion of the Court
Cole, Ch. J.
On the 24th day of October, 1868, William Riehart died, having before that made and published his will, as. follows: “1st. I give and bequeath to my beloved wife, Catharine Riehart, the one-third part in value of all my real estate so long as she remains my widow, and if she shall at any time man* y another man, then she shall only have the sum of $2,000, or an interest in said estate equal in value to that sum. And the said one-third part of my real estafe above bequeathed to my wife to go to her two sons at her death or marriage, to wit: Sherman Rich-art and Lewis Riehart, they…
2Cited by4 opinions
- Baldwin v. HillSupreme Court of Iowa · 1896
- Midland Savings & Loan Co. v. NicollSupreme Court of Oklahoma · 1919
- Wohlers v. GriesseSupreme Court of Iowa · 1917
- Akin v. KelloggNew York Supreme Court · 1886