Conger v. Cook
Supreme Court of Iowa
Appeal from, Adair Circuit Court. Charles Wilshire died in 1878, seized in fee of 560 acies of land in Adair county, and 155 acres in G-uthrie county. The plaintiff is administrator of his estate. The personal property being insufficient for the payment of the debts the plaintiff asked an order for the sale of real estate for that purpose. Ina M. Cook, widow of the deceased, and Wm. Wilshire, his only child were made parties to the proceeding.
Read the full summary
Appeal from, Adair Circuit Court. Charles Wilshire died in 1878, seized in fee of 560 acies of land in Adair county, and 155 acres in G-uthrie county. The plaintiff is administrator of his estate. The personal property being insufficient for the payment of the debts the plaintiff asked an order for the sale of real estate for that purpose. Ina M. Cook, widow of the deceased, and Wm. Wilshire, his only child were made parties to the proceeding. Ina M. Cook filed a cross-petition in which she demanded that her dower i n the land be assigned to her so as to include the homestead. The homestead,…
1Opinion of the CourtRothrock, J.
I. As we understand it, the appellee does not claim that appellant’s distributive share should be charged with any part of the judgments. Pending the appeal he served a notice on counsel for appellant to the effect, that if the decree should be construed to make such charge he would consent to its modification. This question may therefore be considered out of the case.
^ádireasm-ementoi: taxes. II. It would have been a much more preferable mode for adjusting the rights of these parties if there had been an order made requiring one-third in value of the real estate be set off to the widow and…
2Cases cited3 opinions
- Trowbridge v. SypherSupreme Court of Iowa · 1880
- Wilson v. HardestySupreme Court of Iowa · 1878
- McGlothlen v. HiteSupreme Court of Iowa · 1880
3Cited by1 opinion
- Snyder v. RicheySupreme Court of Iowa · 1911