Bisby v. Walker
Supreme Court of Iowa
Appeal from Blade Hatole District Court. — H. B. Boies, Judge. Suit in partition resulted in an order for the sale of the real estate, an order distributing same among the three tenants in common, and the satisfaction of four mortgages executed by one of them, Mary Walker Bisby, on her undivided one third thereof, from her portion of the proceeds. She appeals.
1Opinion of the CourtLadd, J.
l. estoppel : subquirea ^tiue. William P. Bingaman died testate in 1888. seized of several tracts of land, and survived by his wife, Mary Bingaman, and daughter, Ellen Walker. After providing in the first clause of the will for the payment of debts, and in the second clause giving to his wife all of his property, real and personal, during her natural life, he disposed of the remainder, in the third clause, in words following:
“At the death of my said wife, or in the event that she should die before I do, I give, devise and bequeath all of my property, real, personal or mixed, to the children…
2Cases cited10 opinions
- Citizens Loan Ass'n v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1907
- Bridge v. KedonCalifornia Supreme Court · 1912
- Mallin v. WenhamIllinois Supreme Court · 1904
- McDonald v. Bayard Savings BankSupreme Court of Iowa · 1904
- Perry v. KasparSupreme Court of Iowa · 1901
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Daniell v. SherrillSupreme Court of Florida · 1950
- McNair v. SockriterSupreme Court of Iowa · 1924
- United States National Bank v. MillerOregon Supreme Court · 1927
- Quint-Cities Petroleum Co. v. MaasSupreme Court of Iowa · 1966
- Gannon v. GrahamSupreme Court of Iowa · 1930
7 more not listed; retrieve them via the Exa API.