Legal Opinion

Calhoun v. Taylor

Supreme Court of Iowa

Decided October 18, 1916PublishedCited by 15 opinions

Appeal from Appanoose District Court. — Francis M. Hunter, Judge. G. N. Wailes died September 25, 3913, leaving eight children him surviving, and three children of a deceased son, William. After the payment of all debts, funeral expenses and the costs of administration, there remained for distribution $4,445.05, and there were 80 acres of land in Republic County, Kansas.

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Appeal from Appanoose District Court. — Francis M. Hunter, Judge. G. N. Wailes died September 25, 3913, leaving eight children him surviving, and three children of a deceased son, William. After the payment of all debts, funeral expenses and the costs of administration, there remained for distribution $4,445.05, and there were 80 acres of land in Republic County, Kansas. On June 26, 1912, he had conveyed 80 acres in said county to each of the following children: Rebecca Horner, Emma Shoemaker, Samuel Wailes and L. G. Wailes. The consideration named in each of the deeds was $4,000. On October…

1Opinion of the CourtLadd, J.

The issue tried was whether conveyances executed by decedent to six of his children and money given another should be treated as advancements or be regarded as absolute gifts. He died September 25, 1913, well advanced in years. Four of the deeds were executed June 26, 1912, and the other two, October 1st following. He died seized of 80 acres of land, and there remained of his personal estate for distribution $4,445.05. The cause was tried as at law, and is here reviewed on errors assigned.

1. Evidence: opinion evi dence: relevancy : irrelevant rendered relevant: values.

2 descent and…

2Cases cited11 opinions

  1. Dettmer v. BehrensSupreme Court of Iowa · 1898
  2. Jones v. JonesSupreme Court of Iowa · 1877
  3. Frick v. KabakerSupreme Court of Iowa · 1902
  4. Ellis v. NewellSupreme Court of Iowa · 1903
  5. Stennett v. StennettSupreme Court of Iowa · 1916

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3Cited by15 opinions

  1. Carlson v. Bankers Trust Co.Supreme Court of Iowa · 1951
  2. O'Brien v. BieggerSupreme Court of Iowa · 1943
  3. Coomes v. FineganSupreme Court of Iowa · 1943
  4. Hart v. HartSupreme Court of Iowa · 1917
  5. Carron v. AbounadorNew Mexico Supreme Court · 1923

10 more not listed; retrieve them via the Exa API.

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