Legal Opinion

Thomas v. Thomas

Supreme Court of Iowa

Decided December 21, 1887PublishedCited by 21 opinions

Appeal from Madison District Court — Hons. J. H. Henderson and O. B. Ayres, Judges. Action brought to partition certain real estate.

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Appeal from Madison District Court — Hons. J. H. Henderson and O. B. Ayres, Judges. Action brought to partition certain real estate. A decree was entered confirming the interests of the parties in the action to the lands, and declaring ■ that partition should be made, and further ordering that Isabelle Thomas, widow of the person who died seized of the lands, should, within a time specified, elect whether she would take her distributive share of the lands, or her homestead right therein, and that, when such election should be made, partition of the lands should be decreed; and the case was…

1Opinion of the Court

Beck, J\

I. The petition alleges that plaintiff and certain of the defendants are heirs at law of Charles Thomas, who.died intestate October 22, 1886, seized of lands therein described, and that defendant Isabelle Thomas is his widow. These allegations are not denied in the widow’s answer. An amended petition avers that the personal estate of Charles Thomas is amply sufficient to pay all debts and claims against the estate, and that the widow has given notice that she will, upon a day named, present a petition to the proper court, asking for the admeasurement of her dower. The original…

2Cases cited3 opinions

  1. Butterfield v. WicksSupreme Court of Iowa · 1876
  2. Mock v. WatsonSupreme Court of Iowa · 1875
  3. Starry v. StarrySupreme Court of Iowa · 1866

3Cited by21 opinions

  1. Freedom Financial Bank v. Estate of Edward J. BoesenSupreme Court of Iowa · 2011
  2. Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
  3. Stoddard v. KendallSupreme Court of Iowa · 1909
  4. Egbert v. EgbertSupreme Court of Iowa · 1892
  5. Smith v. SmithSupreme Court of Iowa · 1906

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