Henderson v. Green
Supreme Court of Iowa
Appeal from, Dubuque District Court. This action is brought by one legatee, to compel contribution by another, for the real estate devised to the former, which had been taken for dower and debts.
Read the full summary
Appeal from, Dubuque District Court. This action is brought by one legatee, to compel contribution by another, for the real estate devised to the former, which had been taken for dower and debts. The will, under which both parties claim, was made on the 27th day of April, 1869, the testator then being on a bed of sickness and expecting death, which occurred four days thereafter, and is as follows: I, James B. Hitter of the township of Whitewater, in the county of Dubuque and State of Iowa, do make and publish this, my last will and testament, in manner and form following: that is to say:…
1Opinion of the CourtCole, J.
This case turns upon the single question whether the devise to Euretta Green, and over, to James Boohar, is a residuary devise. If it is, then the plaintiff is not entitled to contribution, and the demurrer was properly sustained; but if it is not a residuary devise then the plaintiff has stated a case in his petition, and the court erred in sustaining the demurrer.
*439That a court should, for the purposes of construction, place itself, as far as practicable, amid the surroundings of the testator, and should so construe the will as to effectuate his intent is not questioned. There is no…
2Cases cited1 opinion
- Walker v. ParkerSupreme Court of the United States · 1839
3Cited by8 opinions
- In Re Bierstedt's EstateSupreme Court of Iowa · 1963
- Latta v. BrownTennessee Supreme Court · 1896
- In re the Estate of SuttonOrphan's Court of Delaware · 1916
- Corrigan v. ReidAppellate Court of Illinois · 1891
- In re the Estate of DeVossSupreme Court of Iowa · 1991
3 more not listed; retrieve them via the Exa API.