Goldizen v. Goldizen
Supreme Court of Iowa
Appeal from Warren District Court- — IIon. A. W. Wilkinson, Judge. Omer Goldizen died testate on the seventeenth day of July, 1883, leaving the plaintiff as his widow, and certain children and grandchildren as his heirs at law, who are defandants, one of whom is John M. Goldizen.
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Appeal from Warren District Court- — IIon. A. W. Wilkinson, Judge. Omer Goldizen died testate on the seventeenth day of July, 1883, leaving the plaintiff as his widow, and certain children and grandchildren as his heirs at law, who are defandants, one of whom is John M. Goldizen. The following are provisions of his will: “First, I give, devise, and bequeath to my wife, Eliza Ann, the southwest quarter of the northwest quarter of section 5, township 76 north, of range 22, together with all the buildings and improvements thereon, to have free and unrestricted use and posession of the same so…
1Opinion of the CourtGranger, J.
Care should be taken to understand that this case was determined below on a demurrer to the answers filed, which answers made defense, and sought relief, only as to the one hundred and twenty acres of land not included in the first clause of the will; and the decree entered limits its operation, by specific reference, to the forty acres claimed by each, John hi. Goldizen, Flesher, and Bruce. These three defendants and the plaintiff are the only parties in court on this appeal, and, really, the only parties in 'interest, so that it may be understood that the adjudication leaves unaffected the…
2Cases cited2 opinions
- Rittgers v. RittgersSupreme Court of Iowa · 1881
- Van Guilder v. JusticeSupreme Court of Iowa · 1881
3Cited by3 opinions
- Mohn v. MohnSupreme Court of Iowa · 1910
- Jones v. JonesSupreme Court of Iowa · 1908
- Koep v. KoepSupreme Court of Iowa · 1909