McClain v. Capper
Supreme Court of Iowa
Appeal from Mahaska District Court.— Hon. A. R. Dewey, Judge. Action for the partition of real éstate. The ascertainment of the respective interests involves the construction of a will. John Capper died testate in Mahaska county, Iowa, in 1867, and his will was in November of that year admitted to probate. The following are three paragraphs of his will: “First.
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Appeal from Mahaska District Court.— Hon. A. R. Dewey, Judge. Action for the partition of real éstate. The ascertainment of the respective interests involves the construction of a will. John Capper died testate in Mahaska county, Iowa, in 1867, and his will was in November of that year admitted to probate. The following are three paragraphs of his will: “First. I will and declare that, as soon after my death as practicable, my just debts and funeral expenses be paid, and that a certain tract of land, containing four (4) acres, described in a deed from John S. Henry to John Capper, dated June…
1Opinion of the CourtGranger, J.
1 I. The ruling on the demurrer, by which the petition was held insufficient, was made by Judge Ryan, in December, 1894. The trial in 'which the judgment for defendants was entered, on motion, was had in February, 1895, before Judge Dewey. The evidence in the case was merely to prove the facts in the petition, and there seems to be a practical concession that the ruling on the motion for judgment was based on the conclusion that the petition did not show plaintiff to have any interest *148in the land, because of the provisions of the will in favor of Margaret Jane Capper.
2 II. It is said that…
2Cases cited2 opinions
- McCartney v. OsburnIllinois Supreme Court · 1886
- Hadley v. StuartSupreme Court of Iowa · 1883
3Cited by36 opinions
- Fulton v. FultonSupreme Court of Iowa · 1917
- Taylor v. TaylorSupreme Court of Iowa · 1902
- Olsen v. YoungermanSupreme Court of Iowa · 1907
- Henkel v. AuchstetterSupreme Court of Iowa · 1949
- Atchison v. FrancisSupreme Court of Iowa · 1917
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