Luckey v. McCray
Supreme Court of Iowa
Appeal from Buchanan District Gourt.— Hon. F. C. Pratt, Judge. Action for partition. The plaintiff alleges that he and the defendant Lillian F. McCray, as the only children and heirs at law of one Sophia A. Luckey, are entitled to equal shares in the real estate described in his petition; Augustus McCray, the other defendant, being joined as the husband of Lillian McCray.
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Appeal from Buchanan District Gourt.— Hon. F. C. Pratt, Judge. Action for partition. The plaintiff alleges that he and the defendant Lillian F. McCray, as the only children and heirs at law of one Sophia A. Luckey, are entitled to equal shares in the real estate described in his petition; Augustus McCray, the other defendant, being joined as the husband of Lillian McCray. The defendant Lillian McCray, who will be treated as the sole defendant in this opinion, claims title to nine-tenths of the property — one-tenth in her own right and eight-tenths by conveyance by other heirs of one Caroline…
1Opinion of the CourtMcClain, J.
The real property, the ownership of which is in controversy in this case, belonged at one time in fee simple to Samuel C. Luckey, since deceased, and was disposed of in his will, which covered all of his property, real and personal, as follows:
First. I give, devise and bequeath to my beloved wife, Caroline M. Luckey, all my estate, both real and personal, in whatever it may consist, or wherever situated, at my decease, to be by her used and disposed of during her natural life, precisely the same as I myself might do were I living; and giving my wife full power to sell, exchange, invest and'…
2Cases cited3 opinions
- Spaan v. AndersonSupreme Court of Iowa · 1901
- Podaril v. ClarkSupreme Court of Iowa · 1902
- Meyer v. WeilerSupreme Court of Iowa · 1903
3Cited by19 opinions
- Steiff v. SeibertSupreme Court of Iowa · 1905
- Iowa City State Bank v. PritchardSupreme Court of Iowa · 1925
- McCulloch's Estate v. ConradSupreme Court of Iowa · 1952
- Todd v. StewartSupreme Court of Iowa · 1925
- Roberts v. MoselySupreme Court of Florida · 1930
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