Wohlers v. Griesse
Supreme Court of Iowa
Appeal from Lyon District Court. — TV. D. Boies, Judge. Proceeding in probate wherein the widow of the decedent made an application that she be allowed to withdraw her previous election to take under the will, and that she be permitted to claim her distributive share under the statute. The petition was resisted by the executor of the estate and the residuary legatee. The trial court sustained the widow’s petition and set aside her election. The other parties have appealed.
1Opinion of the Court
Evans, J.. uon^Spormis'draw: mis-’ lake or xraud Peter Reyelts died testate in October, 1914. He left s -wiving him his widow, and one child of a former marriage, Claus Reyelts, who is one of the appellants herein. The will of the testator, which was duly probated, contained a substantial devise for the benefit of the widow, (hough less in value than one third of the net value of the estate. The son, Claus, was made the residuary legatee of the estate. The appellant Griesse was named as the executor of the estate, and duly qualified. The devise to the widow included a quarter-section farm,…
2Cases cited1 opinion
- Richart v. RichartSupreme Court of Iowa · 1870
3Cited by3 opinions
- Porter v. SpringMassachusetts Supreme Judicial Court · 1924
- Nick v. NickSupreme Court of Iowa · 1922
- Sefcik v. ShekerSupreme Court of Iowa · 1950