Legal Opinion

In re Will of Burbank

Supreme Court of Iowa

Decided June 23, 1886PublishedCited by 20 opinions

Appeal from Fayette Oireuit Oourt. Ira Burbank died on the second of July, 1877. His will, which was executed in 1871, was admitted to probate by the circuit court of Fayette county on the twentieth of October, 1877. It contains the following provision: “I give to my sister, Almira Burbank, the sum of one hundred dollars yearly, during her life, this annuity to commence at my death.

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Appeal from Fayette Oireuit Oourt. Ira Burbank died on the second of July, 1877. His will, which was executed in 1871, was admitted to probate by the circuit court of Fayette county on the twentieth of October, 1877. It contains the following provision: “I give to my sister, Almira Burbank, the sum of one hundred dollars yearly, during her life, this annuity to commence at my death. I give to my wife, Silenda Burbank, after the payment of the foregoing bequest to iny sister, Almira Burbank, the entire control and use of my property of every nature, during her life, after paying any debts I…

1Opinion of the CourtReed, J.

The question in the case is whether the widow of the testator took a life-estate, or an estate in fee, under the bequest to her. If she took an estate in fee, the bequests due to Ansel and Dana Burbank, and the three religious societies named in the will, are repugnant to the estate conferred upon her, and are consequently void. Rona v. Meier, *38147 Iowa, 607; Alden v. Johnson, 63 Id., 124; Jackson v. Bull, 10 Johns., 18; Same v. Delaney, 13 Id., 535; Same v. Robins, 15 Id., 168; Same v. Same, 3 6 Id., 537. The language, “I give to my wife, Silenda Burbank, * * * the entire control and use of my…

2Cases cited3 opinions

  1. Jackson v. RobinsNew York Supreme Court · 1819
  2. Executors of Moffat v. StrongNew York Supreme Court · 1813
  3. Rona v. MeierSupreme Court of Iowa · 1878

3Cited by20 opinions

  1. Steiff v. SeibertSupreme Court of Iowa · 1905
  2. Mack v. ProctorSupreme Court of Iowa · 1895
  3. Bills v. BillsSupreme Court of Iowa · 1890
  4. Wilson v. TurnerIllinois Supreme Court · 1896
  5. McCulloch's Estate v. ConradSupreme Court of Iowa · 1952

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