Fry v. Fry
Supreme Court of Iowa
Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. This is a contest over some papers purporting to be tbe last wills and testaments of John Fry, deceased.
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Appeal from Johnson District Court.— Hon. O. A. Byington, Judge. This is a contest over some papers purporting to be tbe last wills and testaments of John Fry, deceased. The first will bears date August 10, 1882. To this is a codicil under date of May 20, 1888. The so-called last'will and testament bears date December 26, 1898. It is claimed that this last will revoked all former ones, and that .each and every one of these instruments was revoked by the birth of children to the testator after the execution of each -paper. The trial court held the wills all valid, and admitted them to probate.…
1Opinion of the CourtDeemer, C. J.
1. Wills: revosequ“nt^wiu^* construction, The first will undertook to dispose of testator’s entire estate, some of it by specific bequests, and other parts by general legacies and devises. The codicil rev°ked certain specific devises, and proceeded as follows: “ I devise and bequeath _ to the porri to me by my second marriage, all the property of which I may die seized, the same to be equally distributed among them, share and share alike, subject, however, to the use and benefit of my wife as above provided.” This also had the effect of revoking the bequest of testator’s personal property to…
2Cases cited12 opinions
- M'iver, Lessees v. RaganSupreme Court of the United States · 1817
- Price v. MaxwellSupreme Court of Pennsylvania · 1857
- Austin v. . OakesNew York Court of Appeals · 1890
- Alden v. JohnsonSupreme Court of Iowa · 1884
- Johns Hopkins University v. PinckneyCourt of Appeals of Maryland · 1881
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Blackford v. AndersonSupreme Court of Iowa · 1939
- Blackett v. ZieglerSupreme Court of Iowa · 1911
- In Re Estate of RamthunSupreme Court of Iowa · 1958
- Jefferson County Farm Bureau v. ShermanSupreme Court of Iowa · 1929
- Vale v. MessengerSupreme Court of Iowa · 1918
9 more not listed; retrieve them via the Exa API.