Tuttle v. Raish
Supreme Court of Iowa
Appeal from, Plymouth District Court. — Hon. F. R. Gay- , nor. Judge. This is an action in equity for the partition of certain real estate left by one Milo R. Tuttle, who died intestate and without issue. Plaintiffs are brothers and sisters of decedent. Jennie Raish was married to Milo R. Tuttle, and on his death was apparently his widow. She has since married one Raish.
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Appeal from, Plymouth District Court. — Hon. F. R. Gay- , nor. Judge. This is an action in equity for the partition of certain real estate left by one Milo R. Tuttle, who died intestate and without issue. Plaintiffs are brothers and sisters of decedent. Jennie Raish was married to Milo R. Tuttle, and on his death was apparently his widow. She has since married one Raish. She claims, however, more than a widow’s share of the estate, for she sets up a written instrument which she avers to be a conveyance made by Tuttle to her of the whole of his property. Acting upon her alleged rights under…
1Opinion of the Court
Waterman, J. —
Naturally, the first question for our consideration is as to the effect of the written instrument through which Jennie Eaish claims to have obtained title to all of this property. We set it out in full:
1 “Whereas, my wife, Jennie Tuttle, has been equally instrumental in the accumulation of our property with myself, and from time to time assisting me with money of her own individually, therefore, in the event of my death without children, after all our just debts and my funeral expenses are paid, and one hundred and fifty dollars for a monument at my mother’s grave, I, Milo E.…
2Cases cited18 opinions
- Blanchard v. LambertSupreme Court of Iowa · 1876
- Turner v. ScottSupreme Court of Pennsylvania · 1867
- Leach v. HallSupreme Court of Iowa · 1895
- Leaver v. GaussSupreme Court of Iowa · 1883
- Burlington University v. BarrettSupreme Court of Iowa · 1867
13 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Johns v. BowdenSupreme Court of Florida · 1914
- Haile v. HaleSupreme Court of Oklahoma · 1913
- Brown v. ParksSupreme Court of Georgia · 1931
- Lathrop v. KnoopSupreme Court of Iowa · 1926
- Shaull v. ShaullSupreme Court of Iowa · 1918
16 more not listed; retrieve them via the Exa API.