Sutherland v. Sutherland
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. William P. Wolf, Judge. Plaintiff, widow of Donald Sutherland, asks that her share of certain real estate of wdiich her husband died seized be set apart to her.
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Appeal from Jones District Court. — Hon. William P. Wolf, Judge. Plaintiff, widow of Donald Sutherland, asks that her share of certain real estate of wdiich her husband died seized be set apart to her. The defendants, heirs at law of said deceased, answered that Donald Sutherland died testate; that his will was duly probated; that in it he bequeathed to plaintiff the real estate described in her petition, to have and to use during her natural life, with remainder to the defendants, in lien of her dower or statutory rights in said land; that plaintiff has since said time, used, occupied, and…
1Opinion of the CourtGiven, J.
I. Appellants insist that, as the will is not set out in nor as an exhibit to their answer it should nut be considered as a part thereof in passing upon the demurrer. As, under the admissions in their answer, the only defense they have, rests upon the provisions of the will, we do not discern why appellants desire to withhold the will from consideration. In Wishard v. McNeil, 78 Iowa, 48, this court said: “It is not uncommon for the pleadings to refer to and incorporate therein portions of the court files by specific averment. Such practice tends to abbreviate the record, and where confusion…
2Cases cited4 opinions
- Daugherty v. DaughertySupreme Court of Iowa · 1886
- Metteer v. WileySupreme Court of Iowa · 1872
- Howard v. WatsonSupreme Court of Iowa · 1888
- Cantillon v. Dubuque & Northwestern Railway Co.Supreme Court of Iowa · 1889
3Cited by6 opinions
- L. P. Larson, Jr., Co. v. Wm. Wrigley, Jr., Co.Court of Appeals for the Seventh Circuit · 1918
- Bacus v. BurnsSupreme Court of Oklahoma · 1915
- In re Estate of StevensSupreme Court of Iowa · 1913
- Bentley v. BentleySupreme Court of Iowa · 1900
- Estate of LambCalifornia Superior Court · 1910
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