Legal Opinion
McCarthy v. McCarthy
Supreme Court of Iowa
Decided November 12, 1968No. 53090PublishedCited by 16 opinions
1Opinion of the Court
RAWLINGS, Justice.
By action in equity for declaratory judgment plaintiff seeks a construction of the will of Joseph L. McCarthy, deceased. Trial court sustained a motion to dismiss, filed by defendants Agnes McCarthy and Gerald McCarthy. Plaintiff elected to stand on the pleadings and appeals. We reverse.
By his petition filed August 25, 1967, plaintiff alleges, in substance: (a) he is the son of decedent and defendant Agnes McCarthy, brother to defendants Gerald McCarthy and Mary Elizabeth McCarthy; (b) Joseph L. McCarthy died testate November 10, 1954; (c) his will was probated and estate…
2Cases cited11 opinions
- Winneshiek Mutual Insurance Association v. RoachSupreme Court of Iowa · 1965
- Newton v. City of Grundy CenterSupreme Court of Iowa · 1955
- Bales v. Iowa State Highway CommissionSupreme Court of Iowa · 1957
- Board of Directors of the Lone Tree Community School District v. County Board of EducationSupreme Court of Iowa · 1968
- Wright v. CopelandSupreme Court of Iowa · 1950
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lopinto v. HainesSupreme Court of Connecticut · 1981
- State Ex Rel. Turner v. Koscot Interplanetary, Inc.Supreme Court of Iowa · 1971
- Leuchtenmacher v. Farm Bureau Mutual Insurance Co.Supreme Court of Iowa · 1990
- M-Z Entersprises, Inc. v. Hawkeye-Security Insurance Co.Supreme Court of Iowa · 1982
- Troester v. Sisters of Mercy Health Corp.Supreme Court of Iowa · 1982
11 more not listed; retrieve them via the Exa API.