Fitzpatrick v. Fitzpatrick
Supreme Court of Iowa
Appeal from Dubuque District Court. This is an action to quiet the title to certain real estate which the plaintiff claims under the last will and testament of his mother, Ellen Fitzpatrick, deceased. The district court sustained a demurrer to the petition, and the plaintiff appeals. The further facts appear in the opinion.
1Opinion of the CourtMiller, J.
It is stated in the petition that Ellen Fitzpatrick died about the 4th day of July, 1861, leaving surviving her, Edward Fitzpatrick, her husband, and A. E. Fitzpatrick, Ellen Fitzpatrick, Edward Fitzpatrick, Jr., and the plaintiff, her heirs at law. That prior to her death the deceased made her last will and testament, as follows :
*675“ In the name of God, amen ! I, Ellen Fitzpatrick, of the Township of Table Mound, in the county of Dubuque, and State of Iowa, of the age of thirty-seven years, and being of sound mind, do make, publish and declare this my last will and testament in manner…
2Cases cited10 opinions
- Kurtz v. HibnerIllinois Supreme Court · 1870
- Mann v. MannNew York Court of Chancery · 1814
- Jackson ex dem. Van Vechten v. SillNew York Supreme Court · 1814
- Sterry v. ArdenNew York Court of Chancery · 1814
- Walston's Lessee v. WhiteCourt of Appeals of Maryland · 1853
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Decker v. DeckerIllinois Supreme Court · 1887
- In Re Estate of SyversonSupreme Court of Iowa · 1948
- Judy v. GilbertIndiana Supreme Court · 1881
- Covert v. SebernSupreme Court of Iowa · 1887
- Gilmore v. JenkinsSupreme Court of Iowa · 1906
18 more not listed; retrieve them via the Exa API.