Poole v. Burnham
Supreme Court of Iowa
Appeal from Des Moines District Court— Hon. James D. Smyth, Judge. The defendant, Emma M. Burnham, is the executrix of the last will and testament of Mary M. Poole, ■deceased, who died, leaving plaintiff as surviving husband. Mary M. Poole died, leaving an estate of about eighteen thousand dollars, consisting entirely of personal property. She died, testate, leaving to her husband a bequest of one hundred dollar's in lieu of all statutory provisions in his favor.
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Appeal from Des Moines District Court— Hon. James D. Smyth, Judge. The defendant, Emma M. Burnham, is the executrix of the last will and testament of Mary M. Poole, ■deceased, who died, leaving plaintiff as surviving husband. Mary M. Poole died, leaving an estate of about eighteen thousand dollars, consisting entirely of personal property. She died, testate, leaving to her husband a bequest of one hundred dollar's in lieu of all statutory provisions in his favor. The executrix tendered to plaintiff the amount given him by the terms of the will, which he declined, and institutes this…
1Opinion of the CourtGranger, J.
— -I. The case presents the single question whether husband and wife can contract as to the distributive share of the husband in the estate of the *622wife. That the written, relinquishment set. out is such a contract, there is no room' for dispute. The question turns upon the construction to be placed on section 2203 of the Code of 1873, as follows: “When property is owned by either the husband or wife, the other has no interest therein which can be the subject of contract between them, or such interest as will make the same liable for the contracts or liabilities, of either the husband or wife,…
2Cases cited8 opinions
- Blake v. BlakeSupreme Court of Iowa · 1858
- Martin v. MartinSupreme Court of Iowa · 1884
- Buzick v. BuzickSupreme Court of Iowa · 1876
- Linton v. CrosbySupreme Court of Iowa · 1880
- Robertson v. RobertsonSupreme Court of Iowa · 1868
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3Cited by5 opinions
- Vosburg v. MallorySupreme Court of Iowa · 1912
- Caruth v. CaruthSupreme Court of Iowa · 1905
- Fowler v. ChadimaSupreme Court of Iowa · 1907
- Pickler v. WiseSupreme Court of Iowa · 1911
- Sharff v. HayesSupreme Court of Iowa · 1906