Lacey v. Collins
Supreme Court of Iowa
Appeal from Louisa District Court.— LIon. W. S. With-row, Judge. The will of John L. Collins, with a codicil attached, was admitted to probate March 29, 1904, and, in so far as material to this controversy, was in words following: Eirst. I desire that all my just debts be paid including my funeral expenses. Second.
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Appeal from Louisa District Court.— LIon. W. S. With-row, Judge. The will of John L. Collins, with a codicil attached, was admitted to probate March 29, 1904, and, in so far as material to this controversy, was in words following: Eirst. I desire that all my just debts be paid including my funeral expenses. Second. I bequeath and devise to my daughter, Margaret M. Collins (legally adopted by my wife and myself, her former name being Bebecca Crilley), all the remainder of my property of every kind, both personal and real, to have and to hold and do with as may seem best by her, and she shall…
1Opinion of the CourtLadd, J.
The sole question for determination is whether the legacy to Ellen Collins is payable out of the real estate of deceased. The personal property left by him was inadequate to meet the indebtedness of the estate and pay the funeral expenses. The will speaks as of the date of the testator’s death, and the codicil is to be construed as part of it. Looking thereto, the intention of the testator appears to have been: (1) That his debts, including funeral ex*585penses, be paid; (2) that tombstones be erected at tbe graves of himself and wife at a cost not exceeding $200; (3) that $1,000 he paid by his…
2Cases cited15 opinions
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