Legal Opinion

Daugherty v. Daugherty

Supreme Court of Iowa

Decided October 23, 1886PublishedCited by 27 opinions

Afjpeal from Buchanan Circuit Court. This is a proceeding in the circuit court, sitting as a court of probate, for the admeasurement of the dower of plaintiff in certain lands. One of the heirs of plaintiff’s deceased husband, who is named as a devisee in his will, and is' a defendant to the action, demurred to the petition. The demurrer was overruled. The defendants appeal.

1Opinion of the CourtReck, J.

I. The petition shows that plaintiff’s deceased husband executed a will set out in the petition, which disposes of the testator’s property in the following language:

“Tirsi. After the payment of all my just debts, I give and bequeath to my beloved wife, Abbie Daugherty, all of the personal property of which I may die seized.
“ Second. 1 desire that my said wife shall hold, occupy and control all of the real estate of which I may die seized during her natural life.
“ Third. On the death of my said wife, I give, bequeath and devise to my son Martin Daugherty, junior, the following described real…

2Cited by27 opinions

  1. Mohn v. MohnSupreme Court of Iowa · 1910
  2. Ditson v. DitsonSupreme Court of Iowa · 1892
  3. In re Estate of StevensSupreme Court of Iowa · 1913
  4. Mack v. ProctorSupreme Court of Iowa · 1897
  5. Archer v. BarnesSupreme Court of Iowa · 1910

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