Legal Opinion

Atchison v. Francis

Supreme Court of Iowa

Decided December 18, 1917PublishedCited by 27 opinions

Appeal from Mahaska District Court. — K. E. Willcockson, Judge. Action in equity to quiet title. By his answer, the defendant, C. B. Patterson, sets up a claim of title to an undivided part of the property. A demurrer to his answer was sustained, and decree rendered as asked by the plaintiff. Defendant Patterson appeals.

1Opinion of the CourtWeaver, J.

1. Wills : construction : remainders: vested (?) or contingent (?) “divide and pay-over” rule deferring enjoyment : effect. — The question presented is wholly one of law, and its decision turns upon the construction to be given to the will of John W. Atchison, deceased. By the terms of this instrument, Elizabeth Atchison, the widow, was given a life estate in all the real property left' by the testator.

In a subsequent paragraph is found the following language:

“Six: — I will, desire and direct that at the death of my beloved wife the residue of my estate, both real and personal, be sold and…

2Cases cited96 opinions

  1. McArthur v. ScottSupreme Court of the United States · 1885
  2. Robert v. . CorningNew York Court of Appeals · 1882
  3. Scofield v. OlcottIllinois Supreme Court · 1887
  4. Croxall v. ShererdSupreme Court of the United States · 1867
  5. Scott v. WestWisconsin Supreme Court · 1885

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3Cited by27 opinions

  1. Shufeldt v. ShufeldtWashington Supreme Court · 1924
  2. Sorrells v. McNallySupreme Court of Florida · 1925
  3. Katz Investment Co. v. LynchSupreme Court of Iowa · 1951
  4. Hiller v. HerrickSupreme Court of Iowa · 1920
  5. In Re Estate of CliftonSupreme Court of Iowa · 1928

22 more not listed; retrieve them via the Exa API.

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