Legal Opinion

Estate of Carpenter v. Wiley

Supreme Court of Iowa

Decided May 14, 1914PublishedCited by 6 opinions

Appeal from Linn District Court. — Hon. Milo P. Smith, Judge. Application for the construction of a will, in which Ann Maria Wiley, a devisee and legatee, claimed that the testatrix gave her certain specific property, and that thereunder she is entitled to the larger part of the estate. The trial court denied her claim, and she appeals.

1Opinion of the CourtDeemer, J.

Maria Carpenter died testate October 10, 1911. On the 10th day of December, 1889, she made a will from which we extract the following:

After all my lawful debts are paid, I give, devise and bequeath all my property, both real and personal, to he divided as follows, to wit: I direct my executor hereinafter mentioned to sell all my real estate and securities, as soon after my death as may he practicable, without unreasonable sacrifice of the proceeds.

First — I give, devise and bequeath to my children, John E. Carpenter, Taylor Carpenter, Delia Diana Carpenter and George P. Carpenter, the sum of…

2Cases cited6 opinions

  1. Goodwin v. . CoddingtonNew York Court of Appeals · 1897
  2. Jordan v. WoodinSupreme Court of Iowa · 1895
  3. Davis v. CloseSupreme Court of Iowa · 1897
  4. Cebrian v. De LaveagaCalifornia Supreme Court · 1898
  5. Henry v. GriffisSupreme Court of Iowa · 1893

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3Cited by6 opinions

  1. In Re LowNew Jersey Superior Court Appellate Division · 1928
  2. In Re the Estate of MiguetSupreme Court of Iowa · 1971
  3. In Re Estate of ThomasSupreme Court of Iowa · 1935
  4. Almy v. AveryNebraska Supreme Court · 1937
  5. Shoberg v. RockSupreme Court of Iowa · 1941

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