Adkinson v. Breeding
Supreme Court of Iowa
Appeal from Madison Circuit Court. This is a controversy as to the ownership of certain personal property. It appears from an agreed statement of facts, upon which the case was tried in the court below, that Alexander Blair died intestate, Oct. 5, 1876, and Martha Blair was his widow. February 23, 1877, Martha. Blair intermarried with one James Wilson, and on December 5th, 1877, said Martha Blair Wilson died.
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Appeal from Madison Circuit Court. This is a controversy as to the ownership of certain personal property. It appears from an agreed statement of facts, upon which the case was tried in the court below, that Alexander Blair died intestate, Oct. 5, 1876, and Martha Blair was his widow. February 23, 1877, Martha. Blair intermarried with one James Wilson, and on December 5th, 1877, said Martha Blair Wilson died. At the death of Alexander Blair he left certain articles of personal property which were exempt from execution against him, and of the value of $355, which said Martha Blair, at his…
1Opinion of the CourtRothrook, J.
l. descent : personal property ex-execution. I. If the property in controversy at the death of Alexander Blair descended absolutely to his widow, Martha Blair, and she took it into her possession, and re- • tained it until her death, it was the personal A property ol her estate: her administrator was entitled to the possession of it, and the seizure and sale of it by the defendant was wrongful. The question *28to be determined is: was Martha Wilson the owner of the property at her death?. Section 2371 of the Code is .in the following words: <( When the deceased leaves a widow all personal…
2Cases cited1 opinion
- Ellsworth v. EllsworthSupreme Court of Iowa · 1871
3Cited by2 opinions
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- In Re Estate of JonesSupreme Court of Iowa · 1948