May v. Jones
Supreme Court of Iowa
Appeal from Monroe District Court. — Hon. E. L. Burton, Judge. This is a proceeding in probate to ascertain and settle the distributive share of claimants to the estate of a person deceased. From a judgment in favor of the defendants, the plaintiff appeals. — The husband can not dispose of his personal property by will so as to deprive the wife of her distributive share.
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Appeal from Monroe District Court. — Hon. E. L. Burton, Judge. This is a proceeding in probate to ascertain and settle the distributive share of claimants to the estate of a person deceased. From a judgment in favor of the defendants, the plaintiff appeals. — The husband can not dispose of his personal property by will so as to deprive the wife of her distributive share. Ward v. Wolf, 52 Iowa, 465; Linton v. Crosby, 61 Iowa, 401. These decisions are based on section 2452 of the Code, which is to the effect that, the widow’s share can not be affected by any will of her husband, etc. It is held…
1Opinion of the CourtRobinson, C. J.
On the twenty-fourth day of October, 1890, Mary 0. Jones executed a will, which contained provisions as follows:
“First. I give to my brother, Cai’son Jones Agan, one thousand dollars in money. Second. I give to my husband, L. M. Jones, and O. M. Jones, my youngest daughter, one thousand dollars in money; and, with thirty dollars that is due me as rent on my place for the year just past, he, my husband, shall pay all my sickness and burial expenses; and the balance of my money, which is six thousand, nine hundred and seventy-seven dollars, to be divided equally with my three children, namely,…
2Cases cited7 opinions
- Roberts v. Austin Corbin & Co.Supreme Court of Iowa · 1868
- Hemphill v. YerkesSupreme Court of Pennsylvania · 1890
- Ward v. WolfSupreme Court of Iowa · 1881
- Houston v. LaneSupreme Court of Iowa · 1883
- Linton v. CrosbySupreme Court of Iowa · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Varley v. SimsSupreme Court of Minnesota · 1907
- Leach v. Mechanics Savings BankSupreme Court of Iowa · 1926
- Vosburg v. MallorySupreme Court of Iowa · 1912
- Phinney v. State ex rel. StrattonWashington Supreme Court · 1904
7 more not listed; retrieve them via the Exa API.