Tuttle v. Wood
Supreme Court of Iowa
Appeal from Wayne District Court. — TIon. W. H. Tedeord, Judge.- . Plaintiee began an action against Wm. D. Wood July 5th, 1899, and caused certain land devised to him by his father, Jeremiah Wood, to be attached.
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Appeal from Wayne District Court. — TIon. W. H. Tedeord, Judge.- . Plaintiee began an action against Wm. D. Wood July 5th, 1899, and caused certain land devised to him by his father, Jeremiah Wood, to be attached. The interveners, children and grandchildren, as residuary legatees under the will, filed a petition of intervention, alleging that said William, an unmarried man, left his home about 15 years previous, and had not been heard from for more than 7 years prior to the death of his father. The issue tried was whether William died before the testator. The jury found he did, the court…
1Opinion of the CourtLadd, C. J.
1 *5092 *5103 *508The testator, Jeremiah Wood, died in August., 1898; and, of course, if his son Wm. D. departed life before that time, he did not take the land attached under the will or as heir. Unmarried when he left home in 1878 or 1879, and when last heard from, that status will, in the absence of any showing to the contrary, be presumed to have continued. No direct evidence of his demise was introduced. The interveners relied solely upon the presumption of death arising from absence from home without intelligence concerning him for a period of more than seven years. Sherod v. Ewell, 104 Iowa, 253;…
2Cases cited7 opinions
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- Hanson v. City of AnamosaSupreme Court of Iowa · 1916
- McCurley v. National Savings & Trust Co.Court of Appeals for the D.C. Circuit · 1919
- In re the Estate of TitteringtonSupreme Court of Iowa · 1906
- Barhydt v. CrossSupreme Court of Iowa · 1912
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