Kalbach v. Clark
Supreme Court of Iowa
Appeal from Mahasha District Court.— Hon. B. W. Preston, Judge. This is a suit for the construction of the will of Emiline A. Clark, deceased.
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Appeal from Mahasha District Court.— Hon. B. W. Preston, Judge. This is a suit for the construction of the will of Emiline A. Clark, deceased. The trial court found that the heirs of Mary 0. Wolcott, who was one of the legatees in the will, took each one-seventh of her estate, not including five shares of stock issued by a corporation as dividends; that the children of George P. Clark took the interest devised to said George P.; and that the widows of John A. Clark and Edgar B. Clark, both deceased, took nothing of the estate of Emiline A. Clark. All parties in interest appeal.—
1Opinion of the CourtDeemer, J.
The material parts of the will under consideration are as follows:
It is my wish that my daughter Mary C. Wolcott have the use of my stock in the Sanborn Map Publishing Company in consideration of the kind care she has taken of me during my sickness, which has been long and severe. I do not wish her to part with it, but to keep the dividends for her own personal use, after she has paid Dr. Perrine all expenses connected with my own sickness and death and also my husband’s funeral expenses.
At her death I wish the principal to be equally divided among the heirs of my four children, George P.,…
2Cases cited42 opinions
- Gibbons v. MahonSupreme Court of the United States · 1890
- Minot v. PaineMassachusetts Supreme Judicial Court · 1868
- Earp's AppealSupreme Court of Pennsylvania · 1857
- Williams v. . Western Union Telegraph Co.New York Court of Appeals · 1883
- Tillman v. . DavisNew York Court of Appeals · 1884
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3Cited by43 opinions
- Sorrells v. McNallySupreme Court of Florida · 1925
- Wright v. CopelandSupreme Court of Iowa · 1950
- Castleberry v. StringerSupreme Court of Alabama · 1912
- Poole v. Union Trust Co.Michigan Supreme Court · 1916
- Miller v. PayneWisconsin Supreme Court · 1912
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