Legal Opinion

Good v. Zook

Supreme Court of Iowa

Decided December 19, 1901PublishedCited by 8 opinions

Appeal from Polk District Gourt. — Hon. S. E. Prouty, Judge. Action in equity by the executor of the estate of Charles Good, deceased, with whom are joined three of the four heirs at law of said deceased, to set aside a deed of certain real estate made by Good to the persons named as defendants in their capacity as trustees of Brethren in Christ Church.

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Appeal from Polk District Gourt. — Hon. S. E. Prouty, Judge. Action in equity by the executor of the estate of Charles Good, deceased, with whom are joined three of the four heirs at law of said deceased, to set aside a deed of certain real estate made by Good to the persons named as defendants in their capacity as trustees of Brethren in Christ Church. There was a full trial of the issues presented, and, upon the evidence adduced, the district court entered a decree dismissing the petition at plaintiffs’ costs, and they appeal. —

1Opinion of the Court

Waterman, J. —

1 Some conceded facts may well be stated at the outset, for they form the framework of this case. Charles Good died in the month of March, 1898, in the ninetieth year of his age. He came to the city of Des Moines in the year 1850, and, by frugality and industry, accumulated a large estate. He had been a widower for many years, but left four children, the plaintiffs, and Samuel M.? who is not a party to this action. In December, 1891, deceased suffered a paralytic stroke. In 1893 he had another slight attack, and this was followed, in 1894, with still another stroke. Increasing…

2Cases cited2 opinions

  1. Ranken v. PattonSupreme Court of Missouri · 1877
  2. Ford v. HennessySupreme Court of Missouri · 1879

3Cited by8 opinions

  1. Merritt v. EasterlySupreme Court of Iowa · 1939
  2. Woolwine v. BryantSupreme Court of Iowa · 1952
  3. Osborn v. FrySupreme Court of Iowa · 1926
  4. Clough v. JacksonMontana Supreme Court · 1971
  5. Ennor v. HinschSupreme Court of Iowa · 1935

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