Legal Opinion

Sires v. Melvin

Supreme Court of Iowa

Decided September 27, 1907PublishedCited by 16 opinions

Appeal from Lucas District Court.— Hon. M. A. Roberts, Judge. The statement of facts and the first paragraph of the following opinion are adopted by me without alteration from an opinion which was prepared by Mr. Justice . Deemer, but, owing to a difference of views among members of the court upon the question discussed in the last paragraph, was not filed.— Weaver, C. J. Originally this was a suit to partition certain real estate, wherein plaintiff claimed to be the owner…

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Appeal from Lucas District Court.— Hon. M. A. Roberts, Judge. The statement of facts and the first paragraph of the following opinion are adopted by me without alteration from an opinion which was prepared by Mr. Justice . Deemer, but, owing to a difference of views among members of the court upon the question discussed in the last paragraph, was not filed.— Weaver, C. J. Originally this was a suit to partition certain real estate, wherein plaintiff claimed to be the owner of one-third thereof in fee as the surviving husband of Alice Sires, née Dusenberry, deceased. Thereafter he made the…

1Opinion of the CourtWeaver, C. J.

Save upon two propositions, the facts are not in dispute. It appears that in March of the year 1882 Morford Throckmorton, Sr., who resided in Pennsylvania, made a will, whereby he devised one hundred and sixty acres of land then claimed to have been owned by him in Lucas county, Iowa, to the four children for his deceased son, Morford, Jr., during their natural lives; the title being devised to his executors in trust, who were to hold and manage the same for the use of these children. It was also provided in the will that, if any of these four children should die, an one-fourth interest in…

2Cases cited30 opinions

  1. Neale v. NealesSupreme Court of the United States · 1870
  2. In re the Estate of JohnsonCalifornia Supreme Court · 1893
  3. Tyler v. ReynoldsSupreme Court of Iowa · 1880
  4. Rennert v. ShirkIndiana Supreme Court · 1904
  5. Bevington v. BevingtonSupreme Court of Iowa · 1907

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3Cited by16 opinions

  1. Tenney v. LuplowArizona Supreme Court · 1968
  2. Heuer v. HeuerNorth Dakota Supreme Court · 1934
  3. Long v. DufurOregon Supreme Court · 1911
  4. Lynch v. LynchSupreme Court of Iowa · 1948
  5. Williams v. ChapmanSupreme Court of Iowa · 1951

11 more not listed; retrieve them via the Exa API.

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