Whitehouse v. Whitehouse
Supreme Court of Iowa
Appeal from Polk District Court.— HoN. James A. Howe,- Judge. . . FbaNois Whitehouse, Sb., died testate in England, March 12, 1905, seised of tbe N. % of tbe N. E. % of section 29, township 80 N. of range 25 W. of the Eifth P. M. He left, him surviving, Eliza, his widow, residing in England, and children, being the parties to this suit. His estate both in England and in this country has been fully settled.
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Appeal from Polk District Court.— HoN. James A. Howe,- Judge. . . FbaNois Whitehouse, Sb., died testate in England, March 12, 1905, seised of tbe N. % of tbe N. E. % of section 29, township 80 N. of range 25 W. of the Eifth P. M. He left, him surviving, Eliza, his widow, residing in England, and children, being the parties to this suit. His estate both in England and in this country has been fully settled. His will, executed in 1880, was admitted to probate, and, in so far as material to this controversy, was in words following: First, I give and devise to my son, Francis Whitehouse, J"r.,…
1Opinion of the CourtLadd, J.
The second clause in the will described the land devised to testator’s son Edmund Isaac Whitehouse as the N. y2 of the N. W. y± in section 29, township 80, range 25 W. Eifth P. M. Neither then, nor at any other time, had the testator been the owner thereof or of any interest therein. It was owned by and then in possession of another. But he then owned the N. y2 of the N. E. of the same section, which he acquired in 1876, and this was the only parcel owned by him in Polk county, Iowa, and probably in America, at the time of his death. At the date of the will, he also owned the forty acres…
2Cases cited10 opinions
- Patch v. WhiteSupreme Court of the United States · 1886
- Decker v. DeckerIllinois Supreme Court · 1887
- Riggs v. MyersSupreme Court of Missouri · 1855
- Fitzpatrick v. FitzpatrickSupreme Court of Iowa · 1873
- Seebrock v. FedawaNebraska Supreme Court · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ellsworth College v. CarletonSupreme Court of Iowa · 1916
- In Re Johnson's EstateUtah Supreme Court · 1924
- In Re Estate of StonebrookSupreme Court of Iowa · 1966
- Pring v. SwarmSupreme Court of Iowa · 1916
- Wilmes v. TiernaySupreme Court of Iowa · 1919
3 more not listed; retrieve them via the Exa API.