Jones v. Jones
Supreme Court of Iowa
Appeal from PoTk Circuit Court. Action to assigu a widow’s distributive share in real estate. The plaintiff is the widow of one J. W. Jones, who died intestate, leaving real estate in the counties of Polk, Dallas, Webster and Warren, his homestead at the time of his decease being in Polk county. Three referees were appointed to make the assignment, all of whom were residents of the city of Des Moines.
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Appeal from PoTk Circuit Court. Action to assigu a widow’s distributive share in real estate. The plaintiff is the widow of one J. W. Jones, who died intestate, leaving real estate in the counties of Polk, Dallas, Webster and Warren, his homestead at the time of his decease being in Polk county. Three referees were appointed to make the assignment, all of whom were residents of the city of Des Moines. In their report they say “ that, after a careful examination and appraisal of the real estate as described in the order of appointment, they assigned and set off to the plaintiff, Amelia Jones,…
1Opinion of the CourtAdams, J.
•i. do-webI Row assign-I.' Where an estate consists of several tracts, it is proper to assign to tbe widow, as her distributive share, so much of one or more tracts as will constitute one_^r(j va[ue 0f the whole. We so held in Montgomery v. Horn, 46 Iowa, 285, and after a careful con*339sideration of the arguments now presented against such rule we are satisfied that it is correct.
3 referees. II. The Code provides, Section 2443, that the widow’s share may be set out by referees appointed by the court. It will be seen that the statute contemplates that there shall be more than one. The widow’s…
2Cases cited1 opinion
- Montgomery v. HornSupreme Court of Iowa · 1877
3Cited by2 opinions
- Westergard v. KlepperSupreme Court of Iowa · 1975
- Rice v. RiceSupreme Court of Iowa · 1910