Watrous v. Winn
Supreme Court of Iowa
Appeal from Dallas GvrcvÁt Court. Thursday, September 18. The plaintiff, widow of Andrew M. Watrous, deceased, filed her petition for the admeasurement of dower, in the realty of which her husband died seized. Attached to the petition is a copy of the will executed by Andrew M. Watrous.
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Appeal from Dallas GvrcvÁt Court. Thursday, September 18. The plaintiff, widow of Andrew M. Watrous, deceased, filed her petition for the admeasurement of dower, in the realty of which her husband died seized. Attached to the petition is a copy of the will executed by Andrew M. Watrous. Respecting the personal estate, this will contains the following provisions: “ I first give and bequeath unto my beloved wife, Matilda Watrous, the one-third part thereof, to be first paid to her for her own use forever. “ I next will and bequeath and direct that one thousand dollars be raised therefrom, and…
1Opinion of the CourtDay, J.
The question presented by this appeal is not res nova. In Sully v. Nebergall, 30 Iowa, 341, it was held that a, will bequeathing to the wife of the testator all his estate, both real and personal, during her life or widowhood, and directing that at her death or marriage the estate be equally divided between the heirs of the testator, did not defeat the widow’s dower, upon her election to take under the will. It is true that when the will in that case construed was executed and when the testator died the dower was but a life estate. And in this regard that case differs from this. But in…
2Cases cited4 opinions
- Lewis v. . SmithNew York Court of Appeals · 1854
- Adsit v. AdsitNew York Court of Chancery · 1817
- Clark v. GriffithSupreme Court of Iowa · 1857
- Metteer v. WileySupreme Court of Iowa · 1872
3Cited by11 opinions
- In re Estate of StevensSupreme Court of Iowa · 1913
- Mack v. ProctorSupreme Court of Iowa · 1897
- Archer v. BarnesSupreme Court of Iowa · 1910
- Estate of Franke v. WiegandSupreme Court of Iowa · 1896
- Bare v. BareSupreme Court of Iowa · 1894
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