In re Estate of Lyon
Supreme Court of Iowa
Appeal from Johnson Ci/reuit Court. Peioe to his death, E. 0. Lyon executed a will, which has been duly admitted to probate. The executors therein named qualified and proceeded to discharge the duties devolved upon them. Mrs. Estelle Morsman, one of the children of Mr. Lyon, and a devisee under the will, filed a petition asking that the estate be distributed.
Read the full summary
Appeal from Johnson Ci/reuit Court. Peioe to his death, E. 0. Lyon executed a will, which has been duly admitted to probate. The executors therein named qualified and proceeded to discharge the duties devolved upon them. Mrs. Estelle Morsman, one of the children of Mr. Lyon, and a devisee under the will, filed a petition asking that the estate be distributed. The executors answered the petition, and the court found and decreed that the widow of the deceased was entitled to $20,000, and that the same belonged to her absolutely; that the testator, in his life-time, had advanced to Mrs. Morsman…
1Opinion of the CourtSeevees, J.
I. The first question we are invited to consider is, whether “the widow is entitled to receive one-third „ „ witiow’ssiiare 2y :Pnot°af-1" feotea by will. of the personal estate of her deceased husband, notwithstanding the provisions of a will giving more than two-thirds of the same to his children.” Qounsej for appellant frankly concede that this question was determined adversely to the appellant by a majority of the court in Ward v. Wolf, 56 Iowa, 465, and that this case was followed in Linton v. Crosby, 61 Iowa, 401; but they with much force and vigor contend that these decisions are…
2Cases cited5 opinions
- Ward v. WolfSupreme Court of Iowa · 1881
- Linton v. CrosbySupreme Court of Iowa · 1883
- Zeiter v. ZeiterSupreme Court of Pennsylvania · 1835
- Brewton v. BrewtonSupreme Court of Georgia · 1860
- Loring v. BlakeMassachusetts Supreme Judicial Court · 1871
3Cited by14 opinions
- Spaan v. AndersonSupreme Court of Iowa · 1901
- In Re Miller's EstateSupreme Court of Iowa · 1956
- Bissell v. BissellSupreme Court of Iowa · 1903
- Stanton v. StantonNebraska Supreme Court · 1938
- Marsh v. ChownSupreme Court of Iowa · 1898
9 more not listed; retrieve them via the Exa API.