Legal Opinion

Ellsworth College v. Carleton

Supreme Court of Iowa

Decided December 15, 1916PublishedCited by 21 opinions

Appeal from Bardin District Court. — E. M. McCall, Judge. Suit praying for the construction of the will of J. H. Carleton, deceased, and the cancellation and surrender to plaintiff of a note and, mortgage executed by it to him. Decree was entered as prayed. The defendants, as executors of his estate, appeal.

1Opinion of the CourtLadd, J.

¡Auction?ambiguous clause: aids to construction. J. IT. Carleton died testate, May 7, 1912. His will, prepared by himself, was executed November 3, 1911, and duly admitted to probate. After directing the payment of all legal obligations, providing for wife, should she survive, each of his three children, - , . , , and making bequests to others, including an . . orphanage, and referring to a previous gift to another institution, in Section 11 he thus remembered Ells-worth College:

“To Ellsworth College, Iowa Falls, Iowa, a conditional gift of $10,000 is provided for and thus set forth, whenever…

2Cases cited11 opinions

  1. Jordan v. WoodinSupreme Court of Iowa · 1895
  2. Eckford v. EckfordSupreme Court of Iowa · 1894
  3. Stewart v. StewartSupreme Court of Iowa · 1896
  4. The People v. . TuthillNew York Court of Appeals · 1865
  5. In re the Estate of StumpenhousenSupreme Court of Iowa · 1899

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3Cited by21 opinions

  1. Blackford v. AndersonSupreme Court of Iowa · 1939
  2. In Re Estate of FinchSupreme Court of Iowa · 1948
  3. Layton v. TuckerSupreme Court of Iowa · 1946
  4. Marvick v. DonhoweSupreme Court of Iowa · 1921
  5. Schaefer v. Merchants National Bank of Cedar RapidsSupreme Court of Iowa · 1968

16 more not listed; retrieve them via the Exa API.

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