St. Patrick's Church v. Schofield

This is a probate proceeding arising from a controversy between St. Patrick’s Cburcb of Monona and tbe State of Iowa. Each claims tbe net estate of Anna Welter, deceased. Tbe cburcb contends tbe will of Otto J. Welter, Anna’s predeceased husband from whom sbe acquired her estate, created an implied trust in favor of tbe cburcb. Tbe State claims Anna’s estate by escheat as uninherited property under section 636.50, Code, 1958, since sbe left no heirs. Tbe trial court upheld tbe State’s claim and tbe cburcb bas appealed. We affirm the decision.

I. Tbe case involves the construction of Otto’s…