Huston v. Huston
Supreme Court of Iowa
Appeal from Polk Owcuit Court. Tuesday, December 16. This action is brought on two notes executed to plaintiff by William H. Huston, one dated April 15, 1863, for $100, payable when called for, with ten per cent interest, and the other dated June 10, 1860, for $100, payable in twelve months, with ten per cent interest.
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Appeal from Polk Owcuit Court. Tuesday, December 16. This action is brought on two notes executed to plaintiff by William H. Huston, one dated April 15, 1863, for $100, payable when called for, with ten per cent interest, and the other dated June 10, 1860, for $100, payable in twelve months, with ten per cent interest. William H. Huston died in April, 1861, leaving a will by which he made the defendant, J. B. Huston, his executor, and also devised to him certain property, including the home place and Fitzsimmons’ judgment, and concluding the devise with these words: “ Said J. B. Huston to…
1Opinion of the CourtCole, J.
1. Will, I. By the answer and cross-petition and the demurrers and motions connected therewith, the question of the true construction of the will of William H. Huston, deceased, is presented. This question, however, was decided by this court in the case of Huston v. Huston, 29 Iowa, 347, and it was there held, that by the concluding sentence of the devise to this defendant, Jonathan B. Huston (set out in the above. statement), he took his devise with the liability to pay all the debts of the estate, and that this burden was not limited to the value of the home place and the judgment. It is…
2Cases cited1 opinion
- Huston v. HustonSupreme Court of Iowa · 1870
3Cited by9 opinions
- Anderson v. AndersonSupreme Court of Iowa · 1917
- Child v. SmithSupreme Court of Iowa · 1938
- Gilmore v. JenkinsSupreme Court of Iowa · 1906
- Anderson v. AndersonSupreme Court of Iowa · 1944
- In Re Estate of HillSupreme Court of Iowa · 1941
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