Bulfer v. Willigrod
Supreme Court of Iowa
Appeal from Marshall District Court. Plaintiff is the only child, and defendant is the widow, of George W. Kline, who died in 1875. Defendant converted to her own use the personal property belonging to the estate. She also sold the real estate of which her husband died seized, and received and converted the proceeds derived therefrom. Plaintiff brought this action to recover two-thirds of the value of the personal property and of the proceeds of the- real estate.
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Appeal from Marshall District Court. Plaintiff is the only child, and defendant is the widow, of George W. Kline, who died in 1875. Defendant converted to her own use the personal property belonging to the estate. She also sold the real estate of which her husband died seized, and received and converted the proceeds derived therefrom. Plaintiff brought this action to recover two-thirds of the value of the personal property and of the proceeds of the- real estate. Defendant answered that the whole of the property was devised to her by her husband, and that the will had been duly admitted to…
1Opinion of the CourtReed, J.
1. Will: bequest of all property to widow: election. The bequest to defendant is in the following words: “ I give and bequeath to my beloved wife, Caroline Kline, all my property, both real and personal and mixed, and oi every land, manner and nature, to use to her own use and benefit as she shall deem best for herself and our beloved daughter, Anna M. Kline, after paying 'my just debts and expenses of my last sickness and burial.” The questions arising on. the record are (1) whether the devise was defeated by the failure of defendant to file her election to take under the will; and, if not,…
2Cases cited1 opinion
- In re Will of BurbankSupreme Court of Iowa · 1886
3Cited by12 opinions
- Mack v. ProctorSupreme Court of Iowa · 1895
- Jordan v. WoodinSupreme Court of Iowa · 1895
- Crutcher v. JoyceCourt of Appeals for the Tenth Circuit · 1943
- Abrey v. DuffieldMichigan Supreme Court · 1907
- In re Will of BarrettSupreme Court of Iowa · 1900
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