Covert v. Sebern
Supreme Court of Iowa
Appeal from Pottawattamie Circuit Court. The plaintiff filed his petition in the circuit court, sitting as a court of probate, praying that the executor of the estate of Catherine Covert be ordered, after the payment of certain special legacies bequeathed by the will, and all legal fees and disbursements, to deliver and pay to plaintiff, as the residuary legatee, the remaining property and money of the estate.
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Appeal from Pottawattamie Circuit Court. The plaintiff filed his petition in the circuit court, sitting as a court of probate, praying that the executor of the estate of Catherine Covert be ordered, after the payment of certain special legacies bequeathed by the will, and all legal fees and disbursements, to deliver and pay to plaintiff, as the residuary legatee, the remaining property and money of the estate. The defendants in their answer deny that plaintiff is the residuary legatee, and aver that they are the residuary legatees. They show that the clause of the will under which plaintiff…
1Opinion of the CourtBeck, J.
1. wilt.: inparcato'Vuentify benefloiary. I. The following is a copy of the will involved' in this case: “First. I give and bequeath to my step-son, H. S. Covert, all my right, title and interest in and to lots 1 and 2, in block 9, with all the . . . improvements thereon m ‘ IVLoreditirs addition ’ to the town of Avoca, Iowa. Second. After all my funeral expenses are paid, I give and bequeath to my niece, Amanda McClew, of Carroll county, Iowa, the sum of one hundred and fifty dollars. Third. I give and bequeath unto Leah Christiana Smock, of Benton county, in the state of Iowa, the sum of…
2Cases cited11 opinions
- Mann v. MannNew York Court of Chancery · 1814
- Lorieux v. KellerSupreme Court of Iowa · 1857
- Morse v. StearnsMassachusetts Supreme Judicial Court · 1881
- Fitzpatrick v. FitzpatrickSupreme Court of Iowa · 1873
- Hawkins v. Garland's Adm'rSupreme Court of Virginia · 1882
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Jordan v. WoodinSupreme Court of Iowa · 1895
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Bond v. RileySupreme Court of Missouri · 1927
- Eckford v. EckfordSupreme Court of Iowa · 1894
- Evans v. Volunteers of AmericaSupreme Court of Missouri · 1955
21 more not listed; retrieve them via the Exa API.