Gainer v. Gates
Supreme Court of Iowa
Appeal from Linn District Court — Hon. J. H. Preston, Judge. Action in equity to recover of the administrator with the will annexed and the heirs of the devisor the value of certain real estate devised to plaintiff, the devise having failed. A demurrer to the petition was sustained. Plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges that the will of Thomas Gainer was duly admitted to probate. It gives to his wife a *150life-estate in all his property; real and personal, and devises to the plaintiff his homestead. It bequeaths separate sums to each of twelve legatees. The widow entered no consent upon the proper record to take under the will, but claimed her dower or distributive share under the statute, which was set apart to her by proceedings in the pi*obate court, and included the homestead of the testator, which is alleged to be of the value of $2,500. The widow of the testator holds the homestead…
2Cited by8 opinions
- Latta v. BrownTennessee Supreme Court · 1896
- In Re Povey's EstateMichigan Supreme Court · 1935
- In Re Maske's EstateSupreme Court of Iowa · 1952
- McGuire v. LuckeySupreme Court of Iowa · 1906
- Glover v. GloverOregon Supreme Court · 1923
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