Legal Opinion

Thorpe v. Lyones

Supreme Court of Iowa

Decided June 7, 1913PublishedCited by 10 opinions

Appeal from Greene District Court-. — Hon. M. E. Hutchinson, Judge. Action in partition involving the construction of a will giving to tbe wife a life estate in her husband’s property, .and involving her right to take both the life estate and her distributive share, and involving also the question whether or not the wife elected to take the life estate bequeathed her, in lieu of her statutory rights, the rights of the parties accruing under statutes enacted prior to the…

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Appeal from Greene District Court-. — Hon. M. E. Hutchinson, Judge. Action in partition involving the construction of a will giving to tbe wife a life estate in her husband’s property, .and involving her right to take both the life estate and her distributive share, and involving also the question whether or not the wife elected to take the life estate bequeathed her, in lieu of her statutory rights, the rights of the parties accruing under statutes enacted prior to the statutes now in force.

1Opinion of the CourtGaynor, J.

It appears from the record in this ease that one Joseph Ridle died testate in the year 1890; that his will was duly admitted to probate in the same year. It appears that he was twice married; that his first wife predeceased him; that his second wife, Mary Ridle, died in the year 1909; that as a result of the first marriage, there were born six children, five of whom were living at the time of the death of his *417first wife. As a result of the second marriage there were born two children, Mary Ridle, who intermarried with one Sam McDowell, and Olive Ridle, who intermarried with Allen Oakes; that…

2Cases cited18 opinions

  1. McGuire v. BrownSupreme Court of Iowa · 1875
  2. Daugherty v. DaughertySupreme Court of Iowa · 1886
  3. Mohn v. MohnSupreme Court of Iowa · 1910
  4. Byerly v. ShermanSupreme Court of Iowa · 1905
  5. Mack v. ProctorSupreme Court of Iowa · 1897

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3Cited by10 opinions

  1. Boyer v. EmersonSupreme Court of Iowa · 1921
  2. In Re Estate of Aaron CulbertsonSupreme Court of Iowa · 1927
  3. In re Kohn's EstateUtah Supreme Court · 1920
  4. Pring v. SwarmSupreme Court of Iowa · 1916
  5. Caldwell v. City of OttumwaSupreme Court of Iowa · 1924

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