In re Estate of Edwards
Supreme Court of Iowa
Appeal from Howard Circuit Court. Mary Y. Arndt filed a petition in said court in which it was stated “ that prior to the death of said William Edwards, she was his legal wife, having been duly married to him some time prior thereto; that at the time of the death of said Edwards she was his wife, and after his decease his widow; that said Edwards died intestate, leaving petitioner as his widow, entitled to one-half of his personal and real estate,” and appropriate relief was…
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Appeal from Howard Circuit Court. Mary Y. Arndt filed a petition in said court in which it was stated “ that prior to the death of said William Edwards, she was his legal wife, having been duly married to him some time prior thereto; that at the time of the death of said Edwards she was his wife, and after his decease his widow; that said Edwards died intestate, leaving petitioner as his widow, entitled to one-half of his personal and real estate,” and appropriate relief was asked. The administrator filed the following answer. “ That the pretended marriage of petitioner with deceased was duly…
1Opinion of the Court
Seevers, J".
1. DIVORCE: burden of proof: evidence. I. Errors have been assigned and argued by counsel, and the evidence discussed as if this cause was triaMe de novo in this court. As counsel have not seen proper to give the action a name, we shall not g0^ -¡^ consj¿er jt as triable both upon error and anew as is provided in equitable causes.
It is essential to a consideration of some of the errors, discussed by counsel to settle what issues are presented in the pleadings. The petition alleges a marriage between Edwards *433and the appellant. This is not denied in the answer, and must, therefore,…
2Cases cited3 opinions
- Blanchard v. LambertSupreme Court of Iowa · 1876
- Traer Bros. v. WhitmanSupreme Court of Iowa · 1881
- Smith v. Cumins & Co.Supreme Court of Iowa · 1879
3Cited by20 opinions
- Cartwright v. McGownIllinois Supreme Court · 1887
- Estate of SharonCalifornia Supreme Court · 1918
- Maier v. BrockSupreme Court of Missouri · 1909
- State v. MurphyWisconsin Supreme Court · 1906
- O'Brien v. BieggerSupreme Court of Iowa · 1943
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