Byers v. McCartney
Supreme Court of Iowa
Appeal from Jefferson Circuit Court. In August, 1877, Mary Byers executed ber last will and testament, devising all ber property, both real and personal, after tbe payment of debts and funeral expenses, to tbe Presbyterian eburcb at Libertyville, Jefferson county, Iowa, and appointing tbe defendant, W. R. McCartney, executor. At tbe time of ber death sbe owned certain real estate in question. Tbe will was duly admitted to probate.
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Appeal from Jefferson Circuit Court. In August, 1877, Mary Byers executed ber last will and testament, devising all ber property, both real and personal, after tbe payment of debts and funeral expenses, to tbe Presbyterian eburcb at Libertyville, Jefferson county, Iowa, and appointing tbe defendant, W. R. McCartney, executor. At tbe time of ber death sbe owned certain real estate in question. Tbe will was duly admitted to probate. In June, 1879, tbe plaintiffs, wbo are children of Mary Byers, deceased, commenced this action, alleging that the devises in tbe will of Mary Byers are contrary to…
1Opinion of the Court
Day, Ch. J.
Tbe cause was submitted upon an agreed statement of facts, from which it appears that tbe Presbyterian church of Libertyville was organized and incorporated on tbe 28th day of May, 1855, and that it has kept up its organization, and exercised all tbe privileges and franchises of a corporation, to tbe present time. The plaintiffs insist that tbe corporate existence of tbe church in question ceased upon tbe lapse of twenty years from tbe date of its incorporation, to wit, on tbe 28th day of May, 1875. Tbe plaint*341iffs rely for tbis position upon Code of 1851, section 681; Revision,…
2Cases cited1 opinion
- Miller v. ChittendenSupreme Court of Iowa · 1856
3Cited by6 opinions
- In re John's WillOregon Supreme Court · 1896
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Rine v. WagnerSupreme Court of Iowa · 1907
- Meeker v. LawrenceSupreme Court of Iowa · 1927
- St. Peter's Church v. BrownSupreme Court of Rhode Island · 1899
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