Sherman v. Wooster
Supreme Court of Iowa
Appeal from, Jones District Court. The will of Emory Wooster, after providing for tbe payment of debts, contained this clause: “ The residue of my estate, real and personal I give, bequeath and dispose of as follows, to wit: To my wife, one-half of my real estate also all my personal property during her natural life and at her decease to be equally divided between my two daughters, the one-half of my real estate I bequeath to my two daughters and their heirs.”
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Appeal from, Jones District Court. The will of Emory Wooster, after providing for tbe payment of debts, contained this clause: “ The residue of my estate, real and personal I give, bequeath and dispose of as follows, to wit: To my wife, one-half of my real estate also all my personal property during her natural life and at her decease to be equally divided between my two daughters, the one-half of my real estate I bequeath to my two daughters and their heirs.” In a proceeding for partition brought by plaintiffs who held under the daughters, the question was, whether the widow took a life…
1Opinion of the CourtWright, J.
Will: construction. — The land in controversy consists of two hundred acres, one quarter section unimproved, and forty acres partially improved. The decedent left hjs wjfe and two children (the two daughters) surviving him. Aside from the will the-only testimony, admitted without objection, was that of one witness who testified, that the testator said to him about the time the will was made, and just before his death, that the two girls were to have one hundred acres, to be divided between them, and his wife the other hundred, that there would not be much personal property after paying debts,…
2Cited by9 opinions
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- Leiter v. SheppardIllinois Supreme Court · 1877
- State v. DickersonSupreme Court of North Carolina · 1925
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