Legal Opinion
First Presbyterian Church v. Dennis
Supreme Court of Iowa
Decided January 20, 1917PublishedCited by 20 opinions
Appeal from Linn District Court. — Milo P. Smith, Judge. The defendant is the executor of the will of John B. Leigh, deceased. The plaintiff filed a claim against the estate of Leigh for the payment of a promissory note. The claim was contested by the executor, and upon trial to the court it was rejected, and plaintiff appeals.
1Opinion of the CourtWeaver, J.
The instrument on which the plaintiff’s claim is based is in the following form:
“$500. As a bequest I promise to pay the First Presbyterian church of Mount Vernon, Iowa, the sum of $500, to be due and payable after the decease of both myself and my wife, Elizabeth A. Leigh, without interest. Dated at Mount Vernon this 27th day of February, 1899.
“John B. Leigh.”
*1354On the back of this note there is written the following:
“The within bequest is provided for in a will of even date herewith. (Signed) C. M. Sessions.”
This endorsement is not in the handwriting of John B. Leigh, and of the fact as to…
2Cases cited10 opinions
- Carnwright v. . GrayNew York Court of Appeals · 1891
- Hegeman v. . MoonNew York Court of Appeals · 1892
- Cover v. StemCourt of Appeals of Maryland · 1887
- Burlington University v. BarrettSupreme Court of Iowa · 1867
- Brokaw v. McElroySupreme Court of Iowa · 1913
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Nebraska Wesleyan University v. Estate of GriswoldNebraska Supreme Court · 1925
- Mordecia F. Ham Evangelistic Ass'n v. MatthewsCourt of Appeals of Kentucky (pre-1976) · 1945
- Exchange Nat. Bank of Tampa v. BryanSupreme Court of Florida · 1936
- Parshall Christian Order v. BD. OF R., ETC.Supreme Court of Iowa · 1982
- American National Bank v. WoolardIllinois Supreme Court · 1930
15 more not listed; retrieve them via the Exa API.