Saunders v. Saunders
Supreme Court of Iowa
Appeal from Poiueshielc District Court. — Hon. A. B. Dewey, Judge. The plaintiff is one of the heirs of Harriet E. Saunders, deceased, and claims an interest in the property in controversy by reason thereof.
Read the full summary
Appeal from Poiueshielc District Court. — Hon. A. B. Dewey, Judge. The plaintiff is one of the heirs of Harriet E. Saunders, deceased, and claims an interest in the property in controversy by reason thereof. He avers that the defendants claim adversily to him under and by virtue of an instrument in writing, in the form of a deed,' purporting to be a conveyance from said Harriet E. Saunders to the defendant, a copy of which is as follows: “Know all men by these presents, that I, Harriet E. Saunders, of Poweshiek county, Iowa, in consideration of one dollar in hand paid by Ernest F. Saunders,…
1Opinion of the CourtSherwin, J.
If the instrument under consideration is not a deed conveying a present interest in the land, it is nothing of any validity; for it cannot be enforced as a will, because not properly executed. The appellant concedes, and rightly so, that but for the language, “The intention being *277that this deed shall not be in force or take effect until after the death of the grantor herein,” the instrument would be a deed conveying a present estate, but with the possession and enjoyment thereof postponed until after the death of .the grantor. It is fundamental that the intention of the maker of an instrument…
2Cases cited8 opinions
- Sharp v. HallSupreme Court of Alabama · 1888
- Wilson v. CarricoIndiana Supreme Court · 1895
- Leaver v. GaussSupreme Court of Iowa · 1883
- Burlington University v. BarrettSupreme Court of Iowa · 1867
- White v. HopkinsSupreme Court of Georgia · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Halleck v. HALLECKOregon Supreme Court · 1959
- Shaull v. ShaullSupreme Court of Iowa · 1918
- In Re Estate of LundgrenSupreme Court of Iowa · 1959
- Trumbauer v. RustSouth Dakota Supreme Court · 1915
24 more not listed; retrieve them via the Exa API.