Rogers v. Gillett
Supreme Court of Iowa
Appeal from Des Moines Oweuit Oov/rt. Action -for tbe partition of two parcels of real estate, one containing forty and the other' twenty acres, belonging to Comfort Gillett at his decease, in 1861. The said Comfort left surviving him seven daughters and two sons, all of whom, or their heirs, are parties to this action. The plaintiff claims to be entitled to the one-ninth part of said real estate.
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Appeal from Des Moines Oweuit Oov/rt. Action -for tbe partition of two parcels of real estate, one containing forty and the other' twenty acres, belonging to Comfort Gillett at his decease, in 1861. The said Comfort left surviving him seven daughters and two sons, all of whom, or their heirs, are parties to this action. The plaintiff claims to be entitled to the one-ninth part of said real estate. The petition states that one of the tracts was the homestead of said Comfort Gillett at the time of his death, and that his widow elected to hold and occupy said homestead for and during her life;…
1Opinion of the CourtSeevers, J.
i. statute of Sf:adi°tri-S" tmtion of. The plaintiff and the other daughters of Comfort Gillett executed, in 1866, the written agreement referred to an(f ma(fe a Part °f the answer, and thereby ^ was provided in the event the instrument purporting to be the will of said Comfort was set aside: “We will allow proportionately out of the portion coming to us, the daughters of said Comfort, enough to make two hundred dollars to W. H. Gillett and D. A. Gillett, each. In other words said W. H. and D. A. Gillett shall receive on final distribution each two hundred dollars more than what his…
2Cited by8 opinions
- In Re Estate of M. D. FoleyNevada Supreme Court · 1898
- Crooks v. HarrelsonCourt of Appeals for the Eighth Circuit · 1929
- Second National Bank v. J. C. Lappe Tanning Co.Massachusetts Supreme Judicial Court · 1908
- Martin v. SimonsSupreme Court of Iowa · 1963
- In Re Hutchison's EstateSupreme Court of Iowa · 1963
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