Stolenburg v. Diercks
Supreme Court of Iowa
Appeal from, Cerro Gordo District Court. — Hon. Clieeord P. Smith, Judge. ■ Egísert E. Hiercks died intestate July 25,1899, leaving, him surviving, as his only heirs, his sons, Theodore and John Hiercks, and a daughter, Antje Stolenburg, and two grandchildren, Oscar and Hora Hiercks, children of a deceased son, Glaus H. Hiercks.
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Appeal from, Cerro Gordo District Court. — Hon. Clieeord P. Smith, Judge. ■ Egísert E. Hiercks died intestate July 25,1899, leaving, him surviving, as his only heirs, his sons, Theodore and John Hiercks, and a daughter, Antje Stolenburg, and two grandchildren, Oscar and Hora Hiercks, children of a deceased son, Glaus H. Hiercks. The final report of the administrator, filed September 28, 1900, disclosed that the personal property of the deceased had been reduced to money; that he held $5,582.90 for distribution; and averred that said grandchildren were not entitled to any of this amount,…
1Opinion of the Court
Ladd, C. J. —
*292 *28In the paper executed in Germany in 1865, Antje Stolenburg stipulated that “I hereby release in the firmest manner the inheritance by my father, * * * *29and by my mother, Antje Diercks, * * * perfectly and wholly to my entire satisfaction, am paid, so that I have no claim after the possible death of my named parents, in no way, whether from my fathór’s o.t my mother’s estate.” The appellant insists that the word “inheritance,” as here used, should be accorded a purely technical .meaning, and limited, in its application, to land only. While, in the strict legal signification of the…
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