Schaffner v. Grutzmacher
Supreme Court of Iowa
Appeal from the Dubuque District Court. Bill to declare and enforce a trust. The bill alleges that Andrew Bickel deceased in October, 1854, leaving Eva, his widow, and Mary, Sarah, Matthias, and George, his children, and heirs at law, of whom Mary married Martin Schaffner, one of the complainants, "and Sarah married Michael Reilly, another of the complainants; and that Eva, the widow, afterwards married Frederick Grutzmacher, one of the respondents.
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Appeal from the Dubuque District Court. Bill to declare and enforce a trust. The bill alleges that Andrew Bickel deceased in October, 1854, leaving Eva, his widow, and Mary, Sarah, Matthias, and George, his children, and heirs at law, of whom Mary married Martin Schaffner, one of the complainants, "and Sarah married Michael Reilly, another of the complainants; and that Eva, the widow, afterwards married Frederick Grutzmacher, one of the respondents. The complainants are the said Mary, and Martin'Schaffner, her husband, Sarah, and Michael Reilly, her husband, and Matthias Bickel, a minor; and…
1Opinion of the CourtWoodward, J.
— The leading points in this case have been settled by that of Claussen v. Le Franz, 1 Iowa, 228, which was very much like the present one in its main and essential features. The widow of Burmeister appropriated certain funds of the estate, consisting principally or entire*144ly of .money belonging to the deceased, to the completion of certain contracts for the purchase of real property, which were outstanding at the death of her husband, and took the title in her own name. Afterwards she married LeEranz, and claimed the property as her own, as she was entitled by law to a portion of the estate,…
2Cited by7 opinions
- Summerfield v. WhiteWest Virginia Supreme Court · 1903
- Childs v. McChesneySupreme Court of Iowa · 1866
- Sharp v. BaileySupreme Court of Iowa · 1862
- Erickson v. JohnsonSupreme Court of Iowa · 1915
- Baldridge v. EvansSupreme Court of Iowa · 1917
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