Legal Opinion

In re the Estate of Lund

Supreme Court of Iowa

Decided January 23, 1899PublishedCited by 9 opinions

Appeal from Kossuth District Court. — Hon. W. B. Quarton, - Judge. This was a proceeding, under sections 2443, 2444, el seq., of tbe Code of 1873, to set apart to the widow of O. L. Lund, deceased, ber distributive share of ber husband’s estate.

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Appeal from Kossuth District Court. — Hon. W. B. Quarton, - Judge. This was a proceeding, under sections 2443, 2444, el seq., of tbe Code of 1873, to set apart to the widow of O. L. Lund, deceased, ber distributive share of ber husband’s estate. Application wag filed and notice given as ordered by the court, and E. Bergman, Charles B. Morehouse, the Kossuth County Bank, and L. Buss appeared, and objected to the application on the ground that the widow had elected to take the homestead In lieu of her distributive share. The case was tried to the court, resulting in an order dismissing the…

1Opinion of the CourtDeemer, J.

C. L. Lund died intestate on the second day of July, 1896, seized of a large amount of real estate, forty acres of which was occupied by himself and wife as a homestead. Ever since his death his widow has occupied the *266homestead. On January 27, 1897, she filed her petition asking that her distributive share be set apart. Appellees, who are creditors of the deceased, objected to the order, claiming that the widow had elected to take the homestead in lieu of distributive share. This claim is based upon the- following state of facts, additional to the occupancy of the premises as hereinbefore…

2Cases cited10 opinions

  1. Thomas v. ThomasSupreme Court of Iowa · 1887
  2. Egbert v. EgbertSupreme Court of Iowa · 1892
  3. Zwick v. JohnsSupreme Court of Iowa · 1893
  4. Wilson v. HardestySupreme Court of Iowa · 1878
  5. Wold v. BerkholtzSupreme Court of Iowa · 1898

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3Cited by9 opinions

  1. Stoddard v. KendallSupreme Court of Iowa · 1909
  2. Van Veen v. Van VeenSupreme Court of Iowa · 1931
  3. Bissell v. BissellSupreme Court of Iowa · 1903
  4. Bosworth v. BlaineSupreme Court of Iowa · 1915
  5. Coleman v. BosworthSupreme Court of Iowa · 1917

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