McMenomy v. McMenomy
Supreme Court of Iowa
Appeal from Muscatine District Court. Jeremiah McMenomy, now deceased, and Catharine McMenomy, the plaintiff, intermarried in 1842. The only issue of this marriage was a son, John B. McMenomy, born in 1843, and who died in 1852, in his ninth year.
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Appeal from Muscatine District Court. Jeremiah McMenomy, now deceased, and Catharine McMenomy, the plaintiff, intermarried in 1842. The only issue of this marriage was a son, John B. McMenomy, born in 1843, and who died in 1852, in his ninth year. In 1857, the District Court for Muscatine county, at the suit of the husband, granted a decree of divorce between the said Jeremiah and the said Catharine, the decree allowing her a life interest in certain real estate in the city of Muscatine, by way of alimony. In February, 1865, Jeremiah McMenomy died, leaving property to the amount of some five…
1Opinion of the Court
Dillon,'J.—
1. descent: of statute. It will be borne in mind that the plaintiff and the said Jeremiah had but one child ever born to them, and that this child-died without issue many years ])r%or to the death of his father. In the present proceeding, the plaintiff does not claim as widow, but, on the-contrary, alleges, that she was divorced, avin*150oulo matrimonii, from the intestate, some years before his death. Nor does she claim as his heir. But she claims by right of representation through her deceased son, John B. McMenomy. This right she bases, upon the following provisions of the Statute:
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2Cited by12 opinions
- McAllister v. McAllisterSupreme Court of Iowa · 1918
- Downing v. NicholsonSupreme Court of Iowa · 1902
- Blackman v. WadsworthSupreme Court of Iowa · 1884
- In Re Vigil's EstateNew Mexico Supreme Court · 1934
- Matter of Estate of KalouseSupreme Court of Iowa · 1979
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