Cooley v. Maine
Supreme Court of Iowa
Appeal from Adams District Court. — Hon. H. K. Evans, Judge. Action to set aside the probate of a will, and to confirm the title in the plaintiffs, as heirs at law of the testator, on the ground that the will was void in so far as it bequeathed to certain corporations an amount in excess of the statutory-limitation, and to quiet the title in the plaintiffs. Demurrer to the petition on the ground that the plaintiffs’ action was barred by the statute of limitations.
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Appeal from Adams District Court. — Hon. H. K. Evans, Judge. Action to set aside the probate of a will, and to confirm the title in the plaintiffs, as heirs at law of the testator, on the ground that the will was void in so far as it bequeathed to certain corporations an amount in excess of the statutory-limitation, and to quiet the title in the plaintiffs. Demurrer to the petition on the ground that the plaintiffs’ action was barred by the statute of limitations. Plaintiffs appeal. Judgment
1Opinion of the CourtGaynor, J.
On the 5th day of October, 1911, the plaintiffs filed their petition in the district court of Adams county, claiming: That they are heirs at law of one Margaret Ritchey, who died on or about September 12, 1901, seised of certain real estate situated in Adams and Montgomery counties, worth approximately $28,000. That deceased left a will which was duly probated in the district court of Montgomery county, in May, 1902. That the said Margaret Ritchey died, leaving neither child nor parents. That the husband of the said Margaret Ritchey, James Milton Ritchey, survived her; that by the terms of…
2Cases cited8 opinions
- Ferry v. CampbellSupreme Court of Iowa · 1900
- Herriott v. PotterSupreme Court of Iowa · 1902
- Murphy v. MurphySupreme Court of Iowa · 1890
- Phinny v. WarrenSupreme Court of Iowa · 1879
- Toerring v. LampSupreme Court of Iowa · 1889
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3Cited by2 opinions
- Cooley v. MaineSupreme Court of Iowa · 1918
- In Re Estate of FairchildSupreme Court of Iowa · 1942