Benkert v. Jacoby
Supreme Court of Iowa
Appeal from Des Moi/nes District Oowrt. The plaintiff brings this action to quiet title in him to tbe north-east quarter of the north-east quarter of section 86, in township 71 north, of range three west, containing forty acres.
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Appeal from Des Moi/nes District Oowrt. The plaintiff brings this action to quiet title in him to tbe north-east quarter of the north-east quarter of section 86, in township 71 north, of range three west, containing forty acres. The petition states that the plaintiff purchased the land from Margaretta Fleischman, widow of Frederick Fleischman, deceased, and that the widow was the owner in fee of the land by virtue of a bequest thereof to her in the last will and testament of her late husband. Copies of the will and conveyance are annexed to the petition. The court sustained a demurrer to the…
1Opinion of the CourtMiller, J.
— This case involves the construction of the last will and testament of Frederick Fleischman, deceased, a copy of the material part of which is as follows :
“ Burlington, Des Moines Co., Iowa.
“ Being of sound mind, I, Frederick Fleischman, make my last will and testament as follows, to wit: After my decease, my wife, Margaretta Fleischman, shall be fully entitled to the property of which I die seized, to use and dispose of the same as she may please. After her death my daughter Elizabeth Fleischman shall have the whole property, and of this property she shall give to my daughter Susanna…
2Cases cited4 opinions
- Smith T. v. BellSupreme Court of the United States · 1832
- Fox v. PhelpsNew York Supreme Court · 1837
- Jackson ex dem. Decker v. MerrillNew York Supreme Court · 1810
- Hopkins v. GrimesSupreme Court of Iowa · 1862
3Cited by11 opinions
- Wescott v. BinfordSupreme Court of Iowa · 1898
- Mack v. ProctorSupreme Court of Iowa · 1895
- Bills v. BillsSupreme Court of Iowa · 1890
- McCulloch's Estate v. ConradSupreme Court of Iowa · 1952
- Stivers v. GardnerSupreme Court of Iowa · 1893
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