Downing v. Nicholson
Supreme Court of Iowa
Appeal from Allmahee District Court. — Hon. L. E. Eel-lows, Judge. This is a special action in which. John Downing, a grandnephew of' John Nicholson, deceased, asks the court to declare him to be a devisee under the will of the said Nicholson, and to order distribution of the estate accordingly. The trial court granted the relief asked, and the executrix appeals.
1Opinion of the CourtDeemer, J.
1 2 John Nicholson died testate June 2, '1898- His will was executed May 19th of the same year. This will made certain bequests to relatives and others, and’ contained the following residuary clause: “After paying all the foregoing amounts, I give and bequeath the balance of my property to be divided equally between all my nephews and nieces.” John Downing, the applicant herein, is a son of Mary Fitzpatrick, nee Nicholson; and Mary Fitzpatrick was a daughter of Michael Nicholson, a brother of the deceased. Mrs. Fitzpatrick, applicant’s mother, died June, 15, 1883, which, as will be observed,…
2Cases cited24 opinions
- In re Swenson's EstateSupreme Court of Minnesota · 1893
- Ruggles v. RandallSupreme Court of Connecticut · 1897
- White v. Massachusetts Institute of TechnologyMassachusetts Supreme Judicial Court · 1898
- Almy v. JonesSupreme Court of Rhode Island · 1891
- Jamison v. HaySupreme Court of Missouri · 1870
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3Cited by24 opinions
- Pimel v. . BetjemannNew York Court of Appeals · 1905
- Anderson v. WilsonSupreme Court of Iowa · 1912
- Steidl v. FreygangCalifornia Court of Appeal · 1948
- Matter of Estate of KalouseSupreme Court of Iowa · 1979
- In Re Estate of FinchSupreme Court of Iowa · 1948
19 more not listed; retrieve them via the Exa API.