In re the Estate of Rawlings
Supreme Court of Iowa
Appeal'- from Davis District Court. — How. Dell Stuaet, Judge. James E. Russell, executor of John H. Rawlings, deceased, filed his petition asking for an order of sale of the lands of the testator in order to realize funds out of which to pay his indebtedness.
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Appeal'- from Davis District Court. — How. Dell Stuaet, Judge. James E. Russell, executor of John H. Rawlings, deceased, filed his petition asking for an order of sale of the lands of the testator in order to realize funds out of which to pay his indebtedness. Zeralda Rawlings, the widow of the testator, who refused to take under the will, answered the petition, and asks that she be allowed her dower interest in the lands, which shall be secured to her by the payment of one-third of the sum realized by a sale of the lands. Anna E. Cary, a daughter of the testator, resists the claim of…
1Opinion of the CourtBeck, C. J.
I. Tbe estate of the testator was largely indebted. One claim, held by H. H. Trimble, was secured by mortgage on certain lands. By the decree of the court below, the proceeds of the sale of the lands are to be appropriated to the payment of the mortgage, and one-third of any balance is to be paid to plaintiff upon her dower interest. No objection is made by any of the parties to this provision of the decree. It, therefore, demands no attention.
1. estates of saies^of'reai estate: dower. II. The testator executed to the Security Loan & Trust Company two mortgages upon two other tracts of land,…
2Cited by7 opinions
- Lilly v. MenkeSupreme Court of Missouri · 1898
- Compton v. Rixey's ExecutorsSupreme Court of Virginia · 1919
- St. Louis Union Trust Co. v. KernSupreme Court of Missouri · 1940
- Rench v. RenchSupreme Court of Iowa · 1918
- Young v. . HarrisSupreme Court of North Carolina · 1918
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