Legal Opinion · Dissent

Beckmann v. Densmore

Supreme Court of Iowa

Decided May 24, 1995No. 93-1484Published

1DissentSnell, Justice

I respectfully dissent.

The majority has etherealized a result outside the realm of record evidence or legal support. There is no evidence to support the majority’s notion that when the Monticello State Bank was sold to the holding company, Iowa National Bankshares Corporation, somehow, the stock options Lou Carpenter intended people to have were devitalized. No legal authority is cited by the majority that this is some kind of ademption or unauthorized transmutation of testator intent. The reason for this void of authority, of course, is that nonexistent legal authority, an oxymoron, cannot…

2Cases cited26 opinions

  1. President of the Manhattan Co. v. ArmourSupreme Court of New Jersey · 1953
  2. Lawrence J. Rogers Trust v. RogersSupreme Court of Iowa · 1991
  3. Russell v. JohnstonSupreme Court of Iowa · 1982
  4. Goode v. ReynoldsCourt of Appeals of Kentucky (pre-1976) · 1925
  5. State v. ColeSupreme Court of Iowa · 1965

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