Blackman v. Wadsworth
Supreme Court of Iowa
Appeal from Mitohell Circuit Court. This is a controversy without action, submitted upon an agreed statement, under chapter 10 of title 20 of the Code. The question presented arises under the will of George Briggs, deceased. The parties differ as to whether a certain legacy has lapsed or not.
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Appeal from Mitohell Circuit Court. This is a controversy without action, submitted upon an agreed statement, under chapter 10 of title 20 of the Code. The question presented arises under the will of George Briggs, deceased. The parties differ as to whether a certain legacy has lapsed or not. The devisee whose legacy is in controversy, Henry H. Blackman, died before the death of the testator, leaving, as his widow, the plaintiff, Nellie Black-man, and leaving his brother, the plaintiff, Charles M. Black-man, and leaving no other brother, and no child, parent, nor sister. It is conceded that,…
1Opinion of the CourtAdams, J.
The determination of the question presented depends upon whether the widow, Nellie, and brother,. Charles M., are to be regarded as the heirs of the deceased devisee, within the meaning of the word “ heirs,” as used in, section 2337 of the Code. That section is in these words:: “If a devisee die before the testator, his heirs shall inherit the amount so devised to him, unless, from the terms of the will, a contrary intent is manifest.” It is undisputed that, if the devisee had survived the testator and died, the legacy would have become a part of his estate, and would have been distributed to…
2Cases cited1 opinion
- McMenomy v. McMenomySupreme Court of Iowa · 1867
3Cited by18 opinions
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Hamilton v. McNeillSupreme Court of Iowa · 1911
- McAllister v. McAllisterSupreme Court of Iowa · 1918
- Phillips v. CarpenterSupreme Court of Iowa · 1890
- Mitchell v. VestSupreme Court of Iowa · 1912
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