Brunk v. Brunk
Supreme Court of Iowa
Appeal from Davis District Court. — I-Ion. M. A. Boberts, Judge. In a probate proceeding to set aside an order previously made for tbe sale of real estate and for tbe removal of tbe administrator, tbe widow of decedent intervened, claiming to be the owner in fee simple of the real estate, tbe sale of •which bad been ordered by tbe court, and asking that the will of her husband, Salem' Brunlc, the decedent, be construed and her rights thereunder be determined and fixed.
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Appeal from Davis District Court. — I-Ion. M. A. Boberts, Judge. In a probate proceeding to set aside an order previously made for tbe sale of real estate and for tbe removal of tbe administrator, tbe widow of decedent intervened, claiming to be the owner in fee simple of the real estate, tbe sale of •which bad been ordered by tbe court, and asking that the will of her husband, Salem' Brunlc, the decedent, be construed and her rights thereunder be determined and fixed. There was a decree setting aside the order of sale, discharging the administrator, and ordering a sale of only so much of the…
1Opinion of the CourtMcClain, C. J.
— Bor the disposal of the questions raised on this appeal, the following facts only seem to be material: In 1905, Salem Brunk executed his last will in the following terms:
Birst. I will all of my real estate and personal property to my wife Elizabeth Brunk,. while she remains my widow.
Second. If she should fail to be my widow during her lifetime, she is to have one-third of all my real estate and personal property and the balance is to be divided equally between my children, with the exception of the following: My eldest son, J. W. Brunk, is to pay the other heirs out of his part for…
2Cases cited2 opinions
- Hamilton v. HamiltonSupreme Court of Iowa · 1910
- Paxton v. PaxtonSupreme Court of Iowa · 1909
3Cited by12 opinions
- In re Estate of BeatySupreme Court of Iowa · 1915
- Jones v. ClymanSupreme Court of Iowa · 1922
- Staack v. DetterdingSupreme Court of Iowa · 1917
- In re Dorgan's EstateDistrict Court, S.D. Iowa · 1916
- Phelps Mortgage Co. v. ThomasSupreme Court of Iowa · 1922
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