Carey v. Baughn
Supreme Court of Iowa
Appeal from, Pottwwattamie District Oou/rt. Action of right for the possession of lot 6 in the original town of Council Bluffs. The defendant claims .that he owns the said lot in fee simple. The respective titles of the parties are derived as follows: On the 2d of June, 1849, Stephen T. Carey duly executed his will, bequeathing all his estate, both real and pei’sonal, to his wife Martha E. Carey. Afterward he became the owner of the lot in controversy.
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Appeal from, Pottwwattamie District Oou/rt. Action of right for the possession of lot 6 in the original town of Council Bluffs. The defendant claims .that he owns the said lot in fee simple. The respective titles of the parties are derived as follows: On the 2d of June, 1849, Stephen T. Carey duly executed his will, bequeathing all his estate, both real and pei’sonal, to his wife Martha E. Carey. Afterward he became the owner of the lot in controversy. The plaintiff, Ida P. Cary, is the only child of Stephen and Martha E. Carey, and was born after the execution of the will, to wit, March 25,…
1Opinion of the CourtDay, J.
—Numerous errors have been assigned and argued but one only requires consideration from us:
It is conceded here, and was upon the trial below, that the birth of Ida P. Carey, the plaintiff, worked an implied revocation of the will of Stephen T. Carey previously executed. McCullem v. McKenzie, 26 Iowa, 511. The question is, whether this revocation, which the law implies, may be rebutted or removed by proof of a parol republication.
In Jack v. Shoenberger, 22 Penn. St., cited by appellee, the testator made his will in 1828, with a residuary clause. The question was, whether a parol republication…
2Cases cited5 opinions
- Card v. GrinmanSupreme Court of Connecticut · 1823
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- Jackson ex dem. Rogers v. PotterNew York Supreme Court · 1812
3Cited by5 opinions
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- McCarn v. RundallSupreme Court of Iowa · 1900
- Ware v. WisnerU.S. Circuit Court for the District of Iowa · 1883
- Rowe v. RoweSupreme Court of Iowa · 1903
- Barnett v. BellowsSupreme Court of Missouri · 1926