Legal Opinion

Law v. Douglass

Supreme Court of Iowa

Decided February 8, 1899PublishedCited by 49 opinions

Appeal from Davis District Court. — Hon. Robert Sloan, Judge. According to tbe petition, Robert Douglass entered into a written contract with Catherine T. Buster, by the terms of which, in consideration of certain notes and money, amounting to about'one thousand two hundred dollars, in the hands of plaintiff, he agreed to provide her a home, care for, maintain, and nurse her during her life.

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Appeal from Davis District Court. — Hon. Robert Sloan, Judge. According to tbe petition, Robert Douglass entered into a written contract with Catherine T. Buster, by the terms of which, in consideration of certain notes and money, amounting to about'one thousand two hundred dollars, in the hands of plaintiff, he agreed to provide her a home, care for, maintain, and nurse her during her life. As Jennie L. Brewster claimed this property under the will of Israel Easter and the administrator for the estate of Catherine, who had died since the making of the contract, the plaintiff prays that these…

1Opinion of the CourtLado, J.

The intention of the testator is the polar star in the interpretation of a will. It will be sought from an examination of the entire instrument when taken up by its. four corners. This must be so as, of necessity, wills are prepared in all situations and by all sorts of people, — the wise and the ignorant, the unlearned in the law, as well as the-learned. Because of this, courts have deemed it of more-importance to ascertain and give effect to the washes of the-deceased than to indulge in particular refinement of reasoning or niceties of distinction, which may operate to defeat the…

2Cases cited20 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Van Horne v. . CampbellNew York Court of Appeals · 1885
  3. Norris v. . BeyeaNew York Court of Appeals · 1855
  4. Gifford v. ChoateMassachusetts Supreme Judicial Court · 1868
  5. Kelley v. MeinsMassachusetts Supreme Judicial Court · 1883

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3Cited by49 opinions

  1. Becker v. RothCourt of Appeals of Kentucky · 1909
  2. Steiff v. SeibertSupreme Court of Iowa · 1905
  3. Iowa City State Bank v. PritchardSupreme Court of Iowa · 1925
  4. Webb v. WebbSupreme Court of Iowa · 1905
  5. Canaday v. BaysingerSupreme Court of Iowa · 1915

44 more not listed; retrieve them via the Exa API.

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