Staack v. Detterding
Supreme Court of Iowa
Appeal from Bremer District Court. — M. F. Edwards, Judge. Action in equity by plaintiffs to quiet title. The action involves the construction of a will. The plaintiffs appeal from so much of the ruling of the trial court as sustained the first and third grounds of defendants’ demurrer to the petition, and defendants appeal from so much of the ruling of the district court as overruled the second ground of the demurrer.
Read the full summary
Appeal from Bremer District Court. — M. F. Edwards, Judge. Action in equity by plaintiffs to quiet title. The action involves the construction of a will. The plaintiffs appeal from so much of the ruling of the trial court as sustained the first and third grounds of defendants’ demurrer to the petition, and defendants appeal from so much of the ruling of the district court as overruled the second ground of the demurrer. Plaintiffs first perfected their appeal, and are the appellants. A statement of the facts appears in the opinion.
1Opinion of the CourtPreston, C. J.
The will, so far as it is material in this case, provides:
“Second: I give and bequeatli unto my beloved wife, Anna Staack, nee Kroeger, all my Real Estate of whatsoever name or nature, in fee simple, so long as she will be my widow and not marie again.”
It is thought by some of the parties that another provision of the will has some bearing. It is as follows :
“Third: I give and bequeath unto my beloved wife *583aforenamed all of my personal property, moneys and credits, for her to own and enjoy forever.”
Another word in the will is misspelled. It is written “namend” for named. And in describing the…
2Cases cited27 opinions
- Law v. DouglassSupreme Court of Iowa · 1899
- Williams v. AllisonSupreme Court of Iowa · 1871
- Podaril v. ClarkSupreme Court of Iowa · 1902
- Redding v. RiceSupreme Court of Pennsylvania · 1895
- Rona v. MeierSupreme Court of Iowa · 1878
22 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- In Re Estate of CliftonSupreme Court of Iowa · 1928
- Phelps Mortgage Co. v. ThomasSupreme Court of Iowa · 1922
- Vaughn v. ConverseSupreme Court of Iowa · 1918
- Anderson v. CrawfordSupreme Court of Iowa · 1926
5 more not listed; retrieve them via the Exa API.