In re Estate of Peet
Supreme Court of Iowa
Appeal from, Jones District Qourt. — Hon. James D. Gíteeen, Judge. Proceeding in probate, in which Matilda Peet, as widow of J. M. Peet, deceased, seeks an allowance for support under the provisions of the statute. The estate of J. M. Peet, at his death, consisted of upwards of thirty thousand dollars, mainly of notes and real estate. By the terms of his will the petitioner was to receive, while she remained his widow, the interest of three thousand dollars.
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Appeal from, Jones District Qourt. — Hon. James D. Gíteeen, Judge. Proceeding in probate, in which Matilda Peet, as widow of J. M. Peet, deceased, seeks an allowance for support under the provisions of the statute. The estate of J. M. Peet, at his death, consisted of upwards of thirty thousand dollars, mainly of notes and real estate. By the terms of his will the petitioner was to receive, while she remained his widow, the interest of three thousand dollars. All of the remainder of his property was bequeathed to his children. The provisions of the will in favor of the wife are as follows: ‘…
1Opinion of the CourtGranger, J.
i estates of allowance to nuptiaVcon-6" tract. I. The question is first presented as to the right of the court to make any allowance because 0i' contract and the provisions of the will- The effect claimed for them is that they diyest the court of any authority to make an allowance, under the provisions of the Code, section 2375, even though the facts, under other circumstances, would require it. In other words, as to the petitioner, they supersede the purposé of the statute. It is very manifest that the testator’s purpose in the will was to carry out the terms of the antenuptial agreement,…
2Cases cited4 opinions
- Otto v. DotySupreme Court of Iowa · 1883
- Olleman v. KelgoreSupreme Court of Iowa · 1879
- Mahaffy v. MahaffySupreme Court of Iowa · 1883
- In re Estate of DennisSupreme Court of Iowa · 1885
3Cited by18 opinions
- Bankers Trust Company v. AllenSupreme Court of Iowa · 1965
- Girard v. GirardNew Mexico Supreme Court · 1923
- Wilson v. WilsonSupreme Court of Colorado · 1913
- Johnson v. JohnsonSupreme Court of Iowa · 1912
- Rouse v. RouseSupreme Court of Kansas · 1907
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