Milner v. Brokhausen
Supreme Court of Iowa
Appeal from Tama District Court. — Hon. C.. B. Bradshaw, Judge. T. J. Wilcox died testate in October, 1896. In December following his will was admitted to probate, and Mary E. Wilcox, his surviving spouse, appointed executrix.
Read the full summary
Appeal from Tama District Court. — Hon. C.. B. Bradshaw, Judge. T. J. Wilcox died testate in October, 1896. In December following his will was admitted to probate, and Mary E. Wilcox, his surviving spouse, appointed executrix. In her report filed October 18, 1891, she elected to take under the will, which read: (2) After the payment of my debts, and the legal charges against my estate, I hereby give, devise and bequeath to my beloved wife, Mary Elizabeth Wilcox, in lieu of dower, should she survive my decease, all of my property, of every name and nature whether real, personal or mixed, of…
1Opinion of the CourtLadd, J.
— The sole inquiry is whether the life tenant became owner, in her individual right, of the income from and increase of the bequeathed property. Though an estoppel was pleaded, the evidence was insufficient to sustain it, and the rulings on the admissibility of evidence to which exceptions were taken could have had no bearing on the result. The will of T. J. Wilcox, who departed this life in 1896, was duly admitted to probate, and by its terms gave to his widow Mary E., all his property “of every name and nature whether real, personal or mixed, of which I may die seised and possessed,…
2Cases cited8 opinions
- Smith v. . Van OstrandNew York Court of Appeals · 1876
- Strong's Ex'rs v. BrewerSupreme Court of Alabama · 1850
- Hall v. . RobinsonSupreme Court of North Carolina · 1857
- Rittgers v. RittgersSupreme Court of Iowa · 1881
- Hanson v. WillardSupreme Judicial Court of Maine · 1835
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hubbell v. BurnetCourt of Appeals for the Eighth Circuit · 1931
- MacEachron v. Trustees of Iowa CollegeSupreme Court of Iowa · 1920
- Slocum v. BohuslovNebraska Supreme Court · 1957
- Schaper v. BrownSupreme Court of Iowa · 1962
- In Re Rahfeldt's EstateSupreme Court of Iowa · 1962
3 more not listed; retrieve them via the Exa API.