Legal Opinion

Hodge v. Wellman

Supreme Court of Iowa

Decided October 28, 1920PublishedCited by 16 opinions

Appeal from Wapello District Court. — C. W. Vermilion, Judge. Aotion in equity by tlie lieirs at law of Peter G. Ballingall, deceased, praying that they be decreed to be the owners of the Ballingall hotel property in the city of Ottumwa. A demurrer to the petition was sustained, and judgment entered in favor of defendants for costs. Plaintiffs appeal. —

1Opinion of the Court

Stevens, J.-

Peter G. Ballingall died in 1891, and his will was admitted to probate in Wapello County on August 25, 1891. *878By the ninth paragraph thereof, he devised certain real property to the city of Ottumwa in trust for certain designated purposes. This paragraph is as follows:

“All that portion of my estate known as the Ballingall House property, being Lot Three Hundred and Thirty-seven (337) and the northwest 22yz feet off of Lot Three Hundred and Thirty-eight (338) in the city of Ottumwa, Iowa. Also the northwest twenty-two feet, more or less, off of Lot Three Hundred and Thirty-nine…

2Cases cited34 opinions

  1. Jones v. HabershamSupreme Court of the United States · 1883
  2. MacKenzie v. Trustees of the PresbyterySupreme Court of New Jersey · 1905
  3. Teele v. Bishop of DerryMassachusetts Supreme Judicial Court · 1897
  4. Lackland v. WalkerSupreme Court of Missouri · 1899
  5. In re John's WillOregon Supreme Court · 1896

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3Cited by16 opinions

  1. First Congregational Society v. City of BridgeportSupreme Court of Connecticut · 1923
  2. Rhode Island Hospital Trust Co. v. WilliamsSupreme Court of Rhode Island · 1929
  3. In Re Small's EstateSupreme Court of Iowa · 1953
  4. Lupton v. Leander Clark CollegeSupreme Court of Iowa · 1922
  5. Sias v. Van AlyeaSupreme Court of Iowa · 1953

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