Legal Opinion

In re Will of Barrett

Supreme Court of Iowa

Decided May 22, 1900PublishedCited by 12 opinions

Appeal from Lvrm District Gourt. — Hon. William Gr. Thompson, Judge. Proceedings for the construction of the will of Phillip Barrett, deceased. The trial court held that Eleanor S. Barrett, widow, took but a life estate, and she appeals.

1Opinion of the CourtDeemer, J.

The provision of the will we are asked to construe reads as follows: “I give and bequeath to my beloved wife, Eleanor S. Barrett, all of my property, real *571and personal, of every description, to use, enjoy, and manage as she, in her judgment, sees fit.” Does this devise a fee or life estate? The trial court held that it created but a life estate. If that which follows the word “description,” in the will, were eliminated, there would be no doubt that an absolute estate was devised to the widow; for the words “give and bequeath” are the equivalent of “devise.” In re Burbank’s Will, 69 Iowa, 378.…

2Cases cited3 opinions

  1. In re Will of BurbankSupreme Court of Iowa · 1886
  2. Allen v. WhiteMassachusetts Supreme Judicial Court · 1867
  3. Bulfer v. WilligrodSupreme Court of Iowa · 1887

3Cited by12 opinions

  1. McCulloch's Estate v. ConradSupreme Court of Iowa · 1952
  2. Meyer v. WeilerSupreme Court of Iowa · 1903
  3. Ironside v. IronsideSupreme Court of Iowa · 1911
  4. Bellamy v. BellamySupreme Court of Iowa · 1918
  5. In re the Will of WeienSupreme Court of Iowa · 1908

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