Bentley v. Bentley
Supreme Court of Iowa
Appeal from Bremer District Gourt. — Hon. J. B. Clyde, J udge. Austin G. Bentleywes the husband of Julia Ann Bentley. In January, 1881, he made a will, in which, after prowiding small bequests for the plaintiff, his son, and a daughter, he gave the remainder of his property, real and personal, •to these defendants, making no provision for the wife.
Read the full summary
Appeal from Bremer District Gourt. — Hon. J. B. Clyde, J udge. Austin G. Bentleywes the husband of Julia Ann Bentley. In January, 1881, he made a will, in which, after prowiding small bequests for the plaintiff, his son, and a daughter, he gave the remainder of his property, real and personal, •to these defendants, making no provision for the wife. In December, 1883, he added to this will of January, 1881, a -codicil in the following language: “Codicil to the above, will, made this fourth day of December, A. D. 1883: I, Austin G. Bentley, of the town of Branklin, county of Bremer, and state…
1Opinion of the Court
Shbrwin/ J.
This case cannot be distinguished from the long line of cases heretofore holding the provisions of wills not inconsistent with or in lieu of the widow’s statutory interest. When the original will was executed in 1881, it must be presumed, as a matter of law, that the testator had in mind the law giving to his surviving spouse one-third of the entire estate left by him. The codicil executed in 1883 makes his entire estate chargeable with the support of his wife during her life, regardless of her statutory interest. These interests are in no way conflicting, nor does the allowance of…
2Cases cited8 opinions
- Daugherty v. DaughertySupreme Court of Iowa · 1886
- Mack v. ProctorSupreme Court of Iowa · 1897
- Watrous v. WinnSupreme Court of Iowa · 1873
- Bare v. BareSupreme Court of Iowa · 1894
- Sutherland v. SutherlandSupreme Court of Iowa · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Estate of StevensSupreme Court of Iowa · 1913
- Warner v. HamillSupreme Court of Iowa · 1907
- Hahn v. DunnSupreme Court of Iowa · 1931
- Parker v. ParkerSupreme Court of Iowa · 1912
- Estate of LambCalifornia Superior Court · 1910