Negus v. Negus
Supreme Court of Iowa
Appeal from, Muscatine Circuit Cowrt. The petition in substance alléges that on the 8th day of December, 1861, Elwood Negus duly executed his last will and testament, giving and bequeathing to the plaintiff, his wife, all his property both personal and real; that Elwood Negus died July 27th, 1875, leaving surviving him the plaintiff, his widow, and four children, who are also children of the plaintiff, to-wit; Bracken Negus, aged twenty years; Elizabeth Negus, aged fourteen…
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Appeal from, Muscatine Circuit Cowrt. The petition in substance alléges that on the 8th day of December, 1861, Elwood Negus duly executed his last will and testament, giving and bequeathing to the plaintiff, his wife, all his property both personal and real; that Elwood Negus died July 27th, 1875, leaving surviving him the plaintiff, his widow, and four children, who are also children of the plaintiff, to-wit; Bracken Negus, aged twenty years; Elizabeth Negus, aged fourteen years; Caroline Negus, aged seven years; and Rebecca Negus, aged five years; the two former of whom were born before the…
1Opinion of the Court
Day, Ch. J.
i. wn,i,: imSoli ^ubseoiuidren. In McCullum v. McKenzie, 26 Iowa, 510, it was held that the birth of a child to a testator subsequent to the making of the will, and before the death of the testator, alone operates as an implied revocation of the will. In that case the testator had no children when he made his will. In this case the testator had two children when lie willed all of his property to his wife. Because of this difference in facts it is claimed that the doctrine of McCullum v. McKenzie is not applicable to this ease. No case of very controlling authority has been cited,…
2Cases cited2 opinions
- McCullum v. McKenzieSupreme Court of Iowa · 1868
- Sherry v. LozierNew York Surrogate's Court · 1851
3Cited by7 opinions
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Alden v. JohnsonSupreme Court of Iowa · 1884
- Burns v. BurnsWyoming Supreme Court · 1950
- Ware v. WisnerU.S. Circuit Court for the District of Iowa · 1883
- Rowe v. RoweSupreme Court of Iowa · 1903
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