Crawford v. Meis
Supreme Court of Iowa
Appeal from Dubuque District Court. — IIon. Fred O’Donnell, Judge. ’Actions for partition of real estate. In March, 1858, Theophilus Crawford, Sr., died in the state of Vermont, testate.
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Appeal from Dubuque District Court. — IIon. Fred O’Donnell, Judge. ’Actions for partition of real estate. In March, 1858, Theophilus Crawford, Sr., died in the state of Vermont, testate. His will was probated in Dubuque county, this state, in 1851. By the terms thereof he devised to his sonj Theophilus Crawford, Jr., and his wife, Eliza Crawford, the use and income during their natural lives of a tract of land consisting of three hundred and twenty acres, situate in Dubuque county. The will then provides for the remainder, the testator devising all said tract of land, after the'decease of his…
1Opinion of the CourtBishop, J.
At the outset the rights of the parties un-deniably were as follows: The said Theophlius Crawford, *613Jr., and Eliza, his wife, “and the survivor of them,” were entitled to the possession, use, and income of the property during life. Upon their death their children named would become entitled to the estate as tenants in common, for a gift by a testator with remainder over creates a tendancy in common in the remaindermen after the termination of the life estate. Now, upon the happening of the death of Alexander, one of the remaindermen, his parents, the life tenants, without doubt inherited his…
2Cases cited13 opinions
- Leach v. HallSupreme Court of Iowa · 1895
- Burns v. ByrneSupreme Court of Iowa · 1876
- Weare v. Van MeterSupreme Court of Iowa · 1875
- Marray v. QuigleySupreme Court of Iowa · 1902
- Austin v. BarrettSupreme Court of Iowa · 1876
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3Cited by35 opinions
- Armor v. FreySupreme Court of Missouri · 1913
- Westcott v. MeekerSupreme Court of Iowa · 1909
- Virginia Coal & Iron Co. v. HyltonSupreme Court of Virginia · 1913
- First Congregational Church v. TerrySupreme Court of Iowa · 1906
- Koch v. Kiron State BankSupreme Court of Iowa · 1941
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