Taylor v. Taylor
Supreme Court of Iowa
Appeal from Polk District Oourt. — Hon. S. F. Prouty, Judge. Henry Taylor died testate December 4, 1882, owning about eighty-nine acres of land.
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Appeal from Polk District Oourt. — Hon. S. F. Prouty, Judge. Henry Taylor died testate December 4, 1882, owning about eighty-nine acres of land. His wife, Elizabeth Taylor, died January 20, 1900, and on the 3d day of March following suit in partition was instituted by one of their children- and a decree entered on the 20th of the same month fixing the rights and interests of all parties to the action save those relating to the one- ighth found to be the share of F. M. Taylor, against whom R. A. Crawford recovered judgment December 4, 1888, and R. V. Yarnell November 16, 1896. Taylor’s…
1Opinion of the Court
Ladd, O. J.
*409their heirs” construed. *408The first question raised on this appeal is, was the remainder, after the termination of the <. state *409given the widow, vested or contingent? If vested, the share of one-eighth devised to F. M. Taylor passed under the sheriff’s deed, prior to the widows’ death, to Crawford; if contingent, it was not subject to levy, and Yarnell became the owner under a conveyance after the beginning of the action. The will reads: “I give, devise, and bequeath all my property, real estate described as follows [describing real estate in question], and personal property, to my…
2Cases cited18 opinions
- Moore v. LittelNew York Court of Appeals · 1869
- Goebel v. . WolfNew York Court of Appeals · 1889
- Ducker v. BurnhamIllinois Supreme Court · 1893
- Ebey v. AdamsIllinois Supreme Court · 1890
- McClure's AppealSupreme Court of Pennsylvania · 1873
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3Cited by47 opinions
- Archer v. JacobsSupreme Court of Iowa · 1904
- Fulton v. FultonSupreme Court of Iowa · 1917
- Olsen v. YoungermanSupreme Court of Iowa · 1907
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- George v. WidemireSupreme Court of Alabama · 1942
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