Legal Opinion

Percifield v. Aumick

Supreme Court of Iowa

Decided April 12, 1902PublishedCited by 6 opinions

Appeal from Lucas District Court. — Hon. T. M. Fee, Judge. Action for partition. The trial court found that plaintiff was entitled to a one-third interest in the premises in question, consisting of a house and lot, and ordered a sale thereof, and distribution of the proceeds. Defendant appeals. —

1Opinion of the Court

McClain, J. —

In 1819 one E. P. Young died testate, seised in fee of the premises in question. By his will it was provided that his widow should have a life estate in these premises, and that the same should, on the death of the widow, go to the defendant. The widow continued for nineteen years to occupy the premises, which constituted the homestead and sole real property of. deceased, and then executed to plaintiff a conveyance of a one-third interest therein, and soon thereafter died. Plaintiff claims solely by virtue of this convey*384anee. Defendant’s claim to the entire property is on one or…

2Cases cited4 opinions

  1. Egbert v. EgbertSupreme Court of Iowa · 1892
  2. Mack v. ProctorSupreme Court of Iowa · 1897
  3. Estate of Franke v. WiegandSupreme Court of Iowa · 1896
  4. Hunter v. HunterSupreme Court of Iowa · 1895

3Cited by6 opinions

  1. In re Estate of StevensSupreme Court of Iowa · 1913
  2. In re Kohn's EstateUtah Supreme Court · 1920
  3. Jackson v. GrantSupreme Court of Iowa · 1938
  4. Prichard v. AndersonSupreme Court of Iowa · 1938
  5. Kinnett v. RitchieSupreme Court of Iowa · 1937

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