Smith v. Zuckmeyer
Supreme Court of Iowa
Appeal from, Winneshieh Cweuit Court. Sarah B. Eaton was tlie owner in fee of certain real estate in tlie city of Decorali, less than oue-balf acre in extent. Sbe 'lied intestate and without issue, on the 21st day of February, 1876, leaving her husband and her two sisters as her beirs. Her father and mother were dead, and sbe never had any other sisters nor any brother. For ten years hefoi’e her death she and her husband, II. IT.
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Appeal from, Winneshieh Cweuit Court. Sarah B. Eaton was tlie owner in fee of certain real estate in tlie city of Decorali, less than oue-balf acre in extent. Sbe 'lied intestate and without issue, on the 21st day of February, 1876, leaving her husband and her two sisters as her beirs. Her father and mother were dead, and sbe never had any other sisters nor any brother. For ten years hefoi’e her death she and her husband, II. IT. Eaton,- used and occupied the said premises as their homestead. After her death the said TI. H. Eaton continued to occupy the said real estate as a homestead, and…
1Opinion of the CourtRothrock, J.
1. Dowm: limited to one-third interest, It is provided by section 2008 of the Code that “ the setting off of the distributive share of the husband or wife, in the real estate of the deceased, shall be , , „ , , , . , such a disposal of the homestead as is contemplated in the preceding section. But the survivor may elect to retain the homestead for life in lieu of such share in the real estate of the deceased * * * * . ” H. II. Eaton, the surviving husband, elected to retain the homestead in lieu of his distributive share. Having thus elected, his distributive share, whatever that may have…
2Cases cited6 opinions
- Meyer v. MeyerSupreme Court of Iowa · 1867
- Butterfield v. WicksSupreme Court of Iowa · 1876
- Burns v. KeasSupreme Court of Iowa · 1866
- Mock v. WatsonSupreme Court of Iowa · 1875
- Kendall v. KendallSupreme Court of Iowa · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
- Fore v. Estate of ForeNorth Dakota Supreme Court · 1891
- McAllister v. McAllisterSupreme Court of Iowa · 1918
- Linton v. CrosbySupreme Court of Iowa · 1880
- Phillips v. CarpenterSupreme Court of Iowa · 1890
13 more not listed; retrieve them via the Exa API.