Porter v. Tracey
Supreme Court of Iowa
'Appeal from Jasper District Court. — K. E. Willcockson, Judge. • Action in equity for partition of real estate. Defendants’ demurrer to the petition having been sustained, plaintiff appeals.
1Opinion of the CourtWeaver, J.
1. Wills : construction : repugnant provisions : fee coupled with limitation on sale. On February 7, 1914, one A. J. Porter died, seized in fee of certain described lands in the state of Iowa. His will, dated December 14, 1911, provided for the distribution of his estate as follows:
1.Payment of debts and charges against his estate.
2. B'equest of $1,000 to his great niece, Marguerite Tracey.
3. Subject to the foregoing provisions, he devised one ninth of his entire estate to his half brother, Silas Porter; one ninth to the heirs of his half brother, Jared Porter; one ninth to the heirs of his…
2Cases cited12 opinions
- Thornagel v. PforrCalifornia Supreme Court · 1904
- Dee v. DeeIllinois Supreme Court · 1904
- Elberts v. ElbertsSupreme Court of Iowa · 1913
- Weber v. BryantMassachusetts Supreme Judicial Court · 1894
- Hill v. JonesSupreme Court of Alabama · 1880
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Jensen v. NelsonSupreme Court of Iowa · 1945
- Leber v. Estate of LampSupreme Court of Iowa · 1969
- Peyton v. WehrhaneSupreme Court of Connecticut · 1939
- Estate of Roberts v. RobertsSupreme Court of Iowa · 1969
- In Re Estate of ThomasSupreme Court of Iowa · 1935
8 more not listed; retrieve them via the Exa API.