Chambers v. Watson
Supreme Court of Iowa
Appeal from Jasper Circuit Cowrt. ■ Action to,recover possession of the northwest quarter of the northeast quarter and north half of northeast quarter of northeast quarter of section 25, township 78 north, of range 17 west of fifth P. M., and southeast quarter of southeast-quarter of. section 2é, in same township, in Jasper county.
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Appeal from Jasper Circuit Cowrt. ■ Action to,recover possession of the northwest quarter of the northeast quarter and north half of northeast quarter of northeast quarter of section 25, township 78 north, of range 17 west of fifth P. M., and southeast quarter of southeast-quarter of. section 2é, in same township, in Jasper county. The land was owned by one Peter Chambers, who died seized of the land, leaving the plaintiffs as his only heirs'. They claim that they are entitled 'to the same by inheritance. The defendant claims the same as devisee of Peter Chambers, who died testate, and whose…
1Opinion of the Court
Adams, Ch. J.
l. equitable i&form°liioa! °i win. That it is not the province of a court of equity to reform a will was held in Fitzpatrick v. Fitzpatrick, 36 Iowa, 674. A will devising real prop- ‘ ei'ty must not only be in writing, but must be executed with certain statutory formalities. If a court of equity could reform a will, and thereby give it an effect which it otherwise could not have, the court would give testamentary force to a mere intention regardless of the manner in which it is expressed. The demurrer to the cross petition seeking a reformation of the will, we think, was properly…
2Cases cited1 opinion
- Fitzpatrick v. FitzpatrickSupreme Court of Iowa · 1873
3Cited by7 opinions
- Chambers v. WatsonSupreme Court of Iowa · 1882
- Moseley v. GoodmanTennessee Supreme Court · 1917
- Buchanan v. HunterSupreme Court of Iowa · 1914
- Pring v. SwarmSupreme Court of Iowa · 1916
- Trott v. HansonSupreme Court of Iowa · 1940
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