Legal Opinion

McCullum v. McKenzie

Supreme Court of Iowa

Decided February 2, 1868PublishedCited by 13 opinions

Appeal from Dubuque District Court. Demurrer to petition sustained, and plaintiff appeals.

1Opinion of the CourtWright, J.

will: subsequent birth of child. The petition shows that John McKenzie died in February, 1866, leaving defendant, Margaret, his widow, and the other defendant, his only , , t a ^ cmld and. heir-at-law. In April, 1851, the said John made his will, giving, among other legacies, to his sister Agnes the sum of $2,000. The child, Donald, was born in 1852, some eighteen months after the making of said will. The sister, Agnes, is dead, the plaintiff being her heir at law. The will undertook to dispose of all the testator’s property — giving it to his sisters and wife — ■ making no provision in any…

2Cases cited5 opinions

  1. Brush v. WilkinsNew York Court of Chancery · 1820
  2. Edwards's AppealSupreme Court of Pennsylvania · 1864
  3. Haskins v. SpillerCourt of Appeals of Kentucky · 1833
  4. Young's AppealSupreme Court of Pennsylvania · 1861
  5. Bradford v. BradfordSupreme Court of Pennsylvania · 1841

3Cited by13 opinions

  1. Estate of Brown v. BrownSupreme Court of Iowa · 1908
  2. Fallon v. ChidesterSupreme Court of Iowa · 1877
  3. Milburn v. MilburnSupreme Court of Iowa · 1882
  4. Taylor v. Martin's EstateTexas Supreme Court · 1928
  5. Taylor v. Martin's Est.Texas Supreme Court · 1928

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