Legal Opinion
Rench v. Rench
Supreme Court of Iowa
Decided December 14, 1918PublishedCited by 13 opinions
Appeal from Calhoun District Court. — M. E. Hutchison, Judge. Suit in partition of land formerly owned by Charles D. Bench, who died testate. The controversy is between devisees of the will, and involves a construction thereof. The trial court entered decree awarding to the .widow one third thereof, and to the only child of the testator, the remaining two thirds. Harry Delbert Bench, the contingent devisee, appeals.
1Opinion of the CourtEvans, J.
The will in question contained the following provisions:
“1. I direct that all my debts and the expenses of my last sickness and funeral, if any, be paid.
“2. I give to my beloved wife, Elma Bench, in lien of dower and distributive share under the statute, the use and income from all the rest, residue and remainder of my property, of all kinds, so long as she may remain a widow. I also give her, during such time, full right and powfer to sell and convey any or all of such property if and when necessary for the support and proper provision for herself and our child or children.
“3. If my said…
2Cases cited3 opinions
- Estate of VanceSupreme Court of Pennsylvania · 1891
- In re the Estate of RawlingsSupreme Court of Iowa · 1891
- Everett v. CroskreySupreme Court of Iowa · 1894
3Cited by13 opinions
- Davidson v. Miners & Mechanics Savings & Trust Co.Ohio Supreme Court · 1935
- Thomsen v. ThomsenSupreme Court of Oklahoma · 1946
- American National Bank v. ChapinSupreme Court of Virginia · 1921
- Aberg v. First National Bank in DallasCourt of Appeals of Texas · 1970
- Matter of Estate of SpurgeonSupreme Court of Iowa · 1998
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