Watland v. Good
Supreme Court of Iowa
Appeal from Woodbury District Court. — W. G. Sears, Judge. Action in equity, by the heirs of Osman Watland, deceased, and by his tvidow and sole surviving trustee, under the Avill of said Osman, against defendant, to cancel a certain AAwitten lease made betAveen Maiy Watland and defendant, on the ground that the widow had no authority to execute the lease, because made after the termination of the trust, and 'without the consent of the heirs.
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Appeal from Woodbury District Court. — W. G. Sears, Judge. Action in equity, by the heirs of Osman Watland, deceased, and by his tvidow and sole surviving trustee, under the Avill of said Osman, against defendant, to cancel a certain AAwitten lease made betAveen Maiy Watland and defendant, on the ground that the widow had no authority to execute the lease, because made after the termination of the trust, and 'without the consent of the heirs. Plaintiffs further allege that she was induced to execute the lease by the fraudulent pretense by defendant that the optional clause for renewal was in…
1Opinion of the Court
Preston, J.-
Deceased left other property, which had been disposed of, under the provisions of the will, about six years before, — at least, it is not in controversy in this case. The property in controversy is a ten-room residence in Sioux City, which was the homestead of deceased and his family, prior to his death, and was occupied as such by the widow and perhaps some of the children, for a time. At the time of the death of the testator, some of the children were minors, and, at the time of the trial, Mary Watland, the mother, was guardian for one of them. The lease covered the entire…
2Cases cited7 opinions
- Potter v. CouchSupreme Court of the United States · 1891
- Olsen v. YoungermanSupreme Court of Iowa · 1907
- Hubbell v. HubbellSupreme Court of Iowa · 1907
- Floyd v. MosierSupreme Court of Iowa · 1855
- Fehd v. City of OskaloosaSupreme Court of Iowa · 1908
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3Cited by2 opinions
- North v. Augusta Real Estate Ass'nSupreme Judicial Court of Maine · 1931
- In Re Estate of JurgensSupreme Court of Iowa · 1948