Toner v. Collins
Supreme Court of Iowa
Appeal from Polls Circuit Court. Myles Collins died at the city of Des Moines ou tbe first day of November, 1880. He left surviving him three children, Myles H. and Lizzie Collins and Katie Toner. On the third of March preceding his death he executed a will, which was duly admitted to probate on the twenty-second of November, 1880. At the date of the execution of the will his children were all adults, and were unmarried.
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Appeal from Polls Circuit Court. Myles Collins died at the city of Des Moines ou tbe first day of November, 1880. He left surviving him three children, Myles H. and Lizzie Collins and Katie Toner. On the third of March preceding his death he executed a will, which was duly admitted to probate on the twenty-second of November, 1880. At the date of the execution of the will his children were all adults, and were unmarried. But between that date and his death his daughter Katie was married to Peter Toner, who is now the executor of the will. By the will he disposed of all his real estate, and…
1Opinion of the CourtReed, J.
*372i will- tie torin'trnst°u" construction' whettieroonl" dent to title in children, or condition for termination of trust, *371The provisions of the will of Myles Collins which it is necessary to consider in determining the ques-*372Nous arising in the case are as follows: “First. I give, devise and bequeath to my executors, Thomas Flynn, Michael Kenedy and Peter Toner, all and singular my real estate owned by me, m trust, however, only tor the express pur- ’ . ’ \ , t . . . , -pose hereinafter set forth: I give, devise and r ° bequeath to my said executors in trust for my beloved son Myles Henry…
2Cases cited1 opinion
- Sharpless v. GreggSupreme Court of Iowa · 1877
3Cited by12 opinions
- Claflin v. ClaflinMassachusetts Supreme Judicial Court · 1889
- Meek v. BriggsSupreme Court of Iowa · 1893
- In Re Estate of LepleySupreme Court of Iowa · 1945
- In Re Estate of CliftonSupreme Court of Iowa · 1928
- Boehm v. RohlfsSupreme Court of Iowa · 1937
7 more not listed; retrieve them via the Exa API.