Stoddard v. Cutcompi
Supreme Court of Iowa
Appeal from Louisa Circuit Court. This is an action in equity, instituted by Mrs. Jane A. Stoddard against the heirs of her late husband, to set aside a certain written instrument executed by her, relinquishing all right and interest in her husband’s estate, both real and personal. Decree for plaintiff as prayed. Defendant appeals. The plaintiff is not a competent witness with reference to transactions between herself and husband, transpiring before his death.
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Appeal from Louisa Circuit Court. This is an action in equity, instituted by Mrs. Jane A. Stoddard against the heirs of her late husband, to set aside a certain written instrument executed by her, relinquishing all right and interest in her husband’s estate, both real and personal. Decree for plaintiff as prayed. Defendant appeals. The plaintiff is not a competent witness with reference to transactions between herself and husband, transpiring before his death. (Hosmer v. Burlse, 26 Iowa, 357.) A married woman in this State can convey real estate, receive gifts from her husband, and deal with…
1Opinion of the Court
Day, J. —
On the 11th day of October, 1866, the plaintiff, executed an instrument of which the following is a copy: “I, Jane A. Stoddard, wife of Benjamin Stoddard, of the County of Louisa, and State of Iowa, for and in consideration of the sum of two thousand dollars, to me in hand paid by my husband, Benjamin Stoddard, the receipt whereof is hereby acknowledged, do hereby assign and set over all my right, title, interest, claim or demand, dower, or expectancy of dower that is now due, or may hereafter become due by the death of my husband, Benjamin Stoddard, or otherwise, in and to the’…
2Cited by3 opinions
- Estate of Franke v. WiegandSupreme Court of Iowa · 1896
- Pellizzarro v. ReppertSupreme Court of Iowa · 1891
- Craig v. ConoverSupreme Court of Iowa · 1890