Legal Opinion

Busby v. Busby

Supreme Court of Iowa

Decided January 16, 1908PublishedCited by 21 opinions

Appeal from, Linn District Court.— Hon. B. H. Miller, Judge. Action in equity to construe the provisions of an instrument of will, and for general equitable relief. Trial was had and a’decree entered, to which defendants took exception, and they appeal.

1Opinion of the CourtBishop, J.

It was conceded on the trial that George Busby, late of Linn county, died testate, and that his will was duly admitted to probate in April, 1899; that he left surviving him plaintiff, his widow, and among other heirs at law the defendants B'. 0., Irwin, and Boy Busby, sons by a former wife. The will was executed in the year 1888, and in the first paragraph thereof the homestead, consisting of two lots in Marion, with buildings, etc., is devised by the testator to his wife, and in the paragraph there are no.words of limitation. In the second paragraph there is a bequest of $3,000 to his wife,…

2Cases cited3 opinions

  1. Redding v. RiceSupreme Court of Pennsylvania · 1895
  2. Becker v. BeckerIllinois Supreme Court · 1903
  3. Squier v. HarveySupreme Court of Rhode Island · 1888

3Cited by21 opinions

  1. Lee v. Durango MusicSupreme Court of Colorado · 1960
  2. In Re Estate of SyversonSupreme Court of Iowa · 1948
  3. Blackford v. AndersonSupreme Court of Iowa · 1939
  4. Anderson v. AndersonSupreme Court of Iowa · 1938
  5. Holmes v. CurlSupreme Court of Iowa · 1920

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