Krogan v. Kinney
Supreme Court of Iowa
Appeal from Dubuque District' Court. Thomas Krogan, a native of Ireland, died intestate and ■without issue, in Dubuque county, Iowa, in May, 1860, seised of certain real estate described in the petition.
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Appeal from Dubuque District' Court. Thomas Krogan, a native of Ireland, died intestate and ■without issue, in Dubuque county, Iowa, in May, 1860, seised of certain real estate described in the petition. The plaintiffs and the defendant, Margaret Kinney, formerly Margaret Krogan, were brothers and sister of the deceased; the former, at the time of the death of the said Thomas, were non-resident aliens, natives and residents of Ireland, and subjects of Great Britain; the latter, Margaret Kinney, was a citizen and resident of Dubuque county in this State. The pleadings were so framed as to…
1Opinion of the CourtLowe, J.
At the common law, neither resident nor nonresident aliens could inherit property by descent. The modifications which the Constitution and laws of this State have made upon the common law doctrine, is, that resident aliens may do so, with a still further modification recently made by the Legislature, to the effect, that a non-resident *243alien may be capable, in law, of inheriting property devised by will to him, provided he will become a resident of the State subsequent to the date of such devise. (§ 2493, Rev.)
In the case of Stemple v. Herminghouser, 3 G. Greene, 408, the law of this State, as…
2Cited by8 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Ruppin v. McLachlanSupreme Court of Iowa · 1904
- Ahrens v. AhrensSupreme Court of Iowa · 1909
- Furenes v. MickelsonSupreme Court of Iowa · 1892
- Hughes v. WyattSupreme Court of Iowa · 1910
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