Montgomery v. Horn
Supreme Court of Iowa
Appeal from Delaware Circuit Court. The plaintiff brings this action for assignment of her distributive share in the real estate of her late husband. At the time of his decease, in August, 1875, plaintiff’s husband was seized of eight separate parcels of land in Delaware county, three separate parcels in Eayette county, and four separate parcels in Clayton county.
Read the full summary
Appeal from Delaware Circuit Court. The plaintiff brings this action for assignment of her distributive share in the real estate of her late husband. At the time of his decease, in August, 1875, plaintiff’s husband was seized of eight separate parcels of land in Delaware county, three separate parcels in Eayette county, and four separate parcels in Clayton county. The referees aggregated the entire value of all the lands,, and set apart to plaintiff the one-tliird part in value thereof,, taking her share out of three of the fifteen separate tracts owned by the decedent. Out of the one hundred…
1Opinion of the Court
Day, Oh. J.
1. dower: assignment of. Defendants contend that it was not competent to aggregate the value of all the lands of which decedent 'died seized, and assign the widow’s share from one or more of them, but that she must take the one-third part in value of each of the fifteen separate parcels of land owned by her husband at his death. The common law dower does not exist in this state. Our statute provides that: “One-third in value of all the legal or equitable estates in real property, possessed by the husband at any time during the marriage, which have not been sold on execution or…
2Cases cited1 opinion
- O'Ferrall v. SimplotSupreme Court of Iowa · 1857
3Cited by3 opinions
- Jones v. JonesSupreme Court of Iowa · 1877
- Smith v. American Tobacco Co.Court of Appeals of Kentucky · 1912
- Rice v. RiceSupreme Court of Iowa · 1910