Tennant v. Smith
Supreme Court of Iowa
Appeal from Keokuk District Court. — Henry Sidwold, Judge. Action for the construction of a will and for an order on the administrator tó distribute in accordance with plaintiffs’ claims. The facts appear more fully in the opinion. The trial court held that the four defendants, other than the administrator, were each entitled to one eighth of the estate, or, together, one half, as children of the husband of Mary Duncan, deceased. The plaintiffs appeal.
1Opinion of the CourtPreston, J.
Wills: constuction: devise by wife to husband: prior death of husband: lapsing of devise. The part of the will of Mary Duncan, deceased, in litigation is as follows:
“First, — I give and bequeath to my husband, Jonathan Duncan, such share of my estate as he is entitled to have and receive under the laws of ,n . . "<■ t the State of Iowa.
mT . , . , T this will was executed 111 1908. It IS admitted that Jonathan Duncan died in 1909, and Mary Duncan died in 1910, and her will has been duly admitted to probate. It is admitted in the answer, or by way of concession on the trial, that Jonathan…
2Cases cited5 opinions
- Denny v. DennyIndiana Supreme Court · 1890
- Rice v. BurkhartSupreme Court of Iowa · 1906
- Application of the State to Subject Property of Said Estate to a Collateral Inheritance Tax v. KilerSupreme Court of Iowa · 1903
- Phelps v. PhelpsSupreme Court of Iowa · 1910
- McClanahan v. WilliamsIndiana Supreme Court · 1893
3Cited by17 opinions
- Jensen v. NelsonSupreme Court of Iowa · 1945
- In Re Estate of SheelerSupreme Court of Iowa · 1939
- In Re Estate of FinchSupreme Court of Iowa · 1948
- In Re Estate of DavisSupreme Court of Iowa · 1927
- In Re Estate of WarrenSupreme Court of Iowa · 1931
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