Berry v. Donald
Supreme Court of Iowa
Appeal from Van Burén District Court. — Hon. D. M. Anderson, Judge. Action for partition. The parties to the case are all direct heirs of Catherine Donald,' widow of John Donald. The real property involved was owned at the time of his death by John Donald, who died testate. His will devised a life estate to his wife Catherine, and the remainder to his three sons subject to special bequests in favor of the three daughters.
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Appeal from Van Burén District Court. — Hon. D. M. Anderson, Judge. Action for partition. The parties to the case are all direct heirs of Catherine Donald,' widow of John Donald. The real property involved was owned at the time of his death by John Donald, who died testate. His will devised a life estate to his wife Catherine, and the remainder to his three sons subject to special bequests in favor of the three daughters. The .daughters and their representatives are the plaintiffs. They aver that their mother Catherine died seized of an undivided one-third of the property, the same being her…
1Opinion of the CourtEvans, J.
1. Wir.r.s: distributive share: benefits o£ will: election : evidence: sufliciency. John Donald died testate in June, 1899, and left surviving him his widow and six children. His property consisted in the main of a farm of 260 acres. At the time of his death his three sons were aged respectively thirty-eight, twenty-nine, and twenty-five. They were occupying and working the farm. For the last twenty years of his life the testator had been practically blind and had been quite dependent upon his sons for the operation of the farm. Each of them continued at home after arriving at majority…
2Cases cited2 opinions
- Arnold v. LivingstoneSupreme Court of Iowa · 1912
- Hawk v. DaySupreme Court of Iowa · 1910
3Cited by16 opinions
- Boyer v. EmersonSupreme Court of Iowa · 1921
- Todd v. StewartSupreme Court of Iowa · 1925
- Watrous v. WatrousSupreme Court of Iowa · 1917
- Schubert v. BarnholdtSupreme Court of Iowa · 1916
- In Re Estate of Aaron CulbertsonSupreme Court of Iowa · 1927
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