Baker v. Massey
Supreme Court of Iowa
Appeal from Clayton District Goiwt. James M. Massey died intestate, in the year 1857, seized in fee simple of certain real estate in Clayton county. He left surviving him Sarah J. Massey, his widow, and six children, his only heirs. The defendants Alexander P. Massey and Charles Massey are two of these children. The said Sarah J..
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Appeal from Clayton District Goiwt. James M. Massey died intestate, in the year 1857, seized in fee simple of certain real estate in Clayton county. He left surviving him Sarah J. Massey, his widow, and six children, his only heirs. The defendants Alexander P. Massey and Charles Massey are two of these children. The said Sarah J.. Massey (widow) afterward intermarried with Jarvis C. Baker, and she died in the year 1875. Jarvis C. Baker died intestate in March, 1876. During his life-time he became ■the undisputed owner of the shares of all the heirs of Massey in said real estate, excepting an…
1Opinion of the CourtRothrock, J.
I. It will be observed from the foregoing statement that, as James M. Massey died in 1857, his widow was entitled to only a life estate in one-third of his real estate. At his death each of the six children were entitled to one-sixth, subject to this life estate. The plaintiffs claim and defendants deny that the interest of the defendants in the one-third held by the widow passed by the guardian’s sale. It may be proper to say that by the answer the validity of the proceedings for the guardian’s sale are questioned. We think the referee correctly found that, the court had jurisdiction of the…
2Cases cited2 opinions
- Pierson v. ArmstrongSupreme Court of Iowa · 1855
- Gerald v. ElleySupreme Court of Iowa · 1876
3Cited by17 opinions
- Benson v. MarkoeSupreme Court of Minnesota · 1887
- Livingstone v. MurphyMassachusetts Supreme Judicial Court · 1905
- Lee v. PercivalSupreme Court of Iowa · 1892
- Bottorff v. LewisSupreme Court of Iowa · 1903
- Lusk v. ParmerCourt of Appeals of Texas · 1938
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