Burgoon v. Whitney
Supreme Court of Iowa
Appeal from Grundy District Court. — Hon. Fhanelin C. Platt, Judge. ACTION by plaintiffs, as sole surviving heirs, against defendant, as surviving widow of A. B. Whitney, who died in 1900, to determine their respective interests in certain real estate of which said A. B. Whitney died seised. Decree for plaintiffs, from which defendant appeals,
1Opinion of the CourtMcClain, J.
The defendant was the second wife of A. B. Whitney, and plaintiffs were his children by his first marriage. Before contracting the second marriage, Whitney conveyed real property to each of the plaintiffs, which the defendant claims was by way of advancement, and the defendant contends that by reason of these advancements she is entitled to a greater share in the real estate of which her husband died seised than , she would otherwise have been entitled to; that is, she claims more than one-third of the real estate in controversy. It is difficult, however, to see how the fact of advancements…
2Cases cited1 opinion
- In re Will of MillerSupreme Court of Iowa · 1887
3Cited by5 opinions
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- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Groves v. City of Webster CitySupreme Court of Iowa · 1936
- United States v. Minidoka & S. W. R.Court of Appeals for the Ninth Circuit · 1911
- Fleming v. FlemingSupreme Court of Iowa · 1919