Whisler v. Whisler
Supreme Court of Iowa
Appeal from, Appanoose District Court. — Hon. M. A. Koberts, Judge. Henry Whisler died testate in Appanoose county. By the terms of his will he left his real estate to his wife, Margaret, for life, and directed that at her death the property be sold, and the proceeds divided equally between his ■children, taking into consideration advancements received by them. The widow elected to take her portion under the statute instead of accepting the benefits of the will.
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Appeal from, Appanoose District Court. — Hon. M. A. Koberts, Judge. Henry Whisler died testate in Appanoose county. By the terms of his will he left his real estate to his wife, Margaret, for life, and directed that at her death the property be sold, and the proceeds divided equally between his ■children, taking into consideration advancements received by them. The widow elected to take her portion under the statute instead of accepting the benefits of the will. This action was begun in equity to partition the lands, and by suitable pleadings and consent of parties the question ■of the…
1Opinion of the Court
Weaver, J. —
1 That Henry Whisler did make advancements to his children is conceded by all parties, and the ■only dispute before us is upon the amount-with which each should be charged on that account. Upon the trial a book purporting to have been kept by the testator in his lifetime, and containing an account or' statement of advancements made by him to his children, was *714produced, its authenticity or ident ty fairly established, and admitted in evidence. The appellants insist very strenuously that the book is inadmissible, and that without it the finding of the trial court cannot be…
2Cases cited3 opinions
- In re the Estate of BrownSupreme Court of Iowa · 1901
- Oller v. BonebrakeSupreme Court of Pennsylvania · 1870
- Clark v. WarnerSupreme Court of Connecticut · 1827
3Cited by4 opinions
- In re the Will of WinslowSupreme Court of Iowa · 1910
- Hamilton v. BethelSupreme Court of Iowa · 1964
- Mehlisch v. MabieSupreme Court of Iowa · 1916
- Cross v. AmorettiWyoming Supreme Court · 1932