Briggs v. Briggs
Supreme Court of Iowa
Appeal from Mitchell Circuit Court. Action in equity to quiet in plaintiffs tlie title to certain real estate. The parties, plaintiffs and defendants, are the children and heirs at law of Daniel M. Briggs, who died testate at Oneida county, in the state of New York, on the twenty-second day of January, 1883. His will was executed on the eighteenth day of November, 1876, and it has been admitted to probate in the state of New York, and also in this state.
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Appeal from Mitchell Circuit Court. Action in equity to quiet in plaintiffs tlie title to certain real estate. The parties, plaintiffs and defendants, are the children and heirs at law of Daniel M. Briggs, who died testate at Oneida county, in the state of New York, on the twenty-second day of January, 1883. His will was executed on the eighteenth day of November, 1876, and it has been admitted to probate in the state of New York, and also in this state. It contains the following bequest, viz: “I give and bequeath to my daughters, Adelaide 0. Briggs and Emma A. Briggs, [tlie plaintiffs…
1Opinion of the CourtReed, J.
Daniel M. Briggs acquired the real estate in question after the execution of his will, and the question which arises in the case is whether it passed to plaintiffs under the bequest set out in the foregoing statement. Under the common law, a testator had no power to bequeath subsequently acquired real estate, — seizure at the time of executing the will being requisite to enable him to convey. This rule has been abrogated by'statute in this and many of the other states of this country in which the common law prevails, and in England. Our statute on the subject is section 2323 of the Code, and…
2Cases cited2 opinions
- Canfield v. BostwickSupreme Court of Connecticut · 1852
- Dixon v. City of CincinnatiOhio Supreme Court · 1846
3Cited by9 opinions
- In re the Will of MillerSupreme Court of Iowa · 1905
- Flynn v. HolmanSupreme Court of Iowa · 1903
- Sussex Trust Co. v. PoliteCourt of Chancery of Delaware · 1919
- Benz v. PaulsonSupreme Court of Iowa · 1955
- Durboraw v. DurborawSupreme Court of Kansas · 1903
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