Rowe v. Rowe
Supreme Court of Iowa
Appeal from Dallas District Oourt. — Host. J. H. Apple-gate; Judge. Suit in equity for the construction of the will of Martin Rowe, deceased, and to authorize plaintiff to sell certain land of which testator died seised. Defendant May Irene Rowe appeared and answered, pleading that the will of Martin Rowe was revoked by the birth of a child after the execution of the will, and before the testator’s death.
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Appeal from Dallas District Oourt. — Host. J. H. Apple-gate; Judge. Suit in equity for the construction of the will of Martin Rowe, deceased, and to authorize plaintiff to sell certain land of which testator died seised. Defendant May Irene Rowe appeared and answered, pleading that the will of Martin Rowe was revoked by the birth of a child after the execution of the will, and before the testator’s death. The trial court overruled a demurrer to this count of the anwser, and the- plaintiff appeals.—
1Opinion of the CourtDeemeR, J.
The material parts of the will in question, which was executed on [the 17th day of January, 1894, read as follows:
“1st. After the payment of all my just debts and funeral expenses I give, devise and bequeath unto my beloved wife, Anna Ida Rowe, all of my property and effects of whatsoever bind whether real or personal and wheresover situated. To have and to hold the same during the period of her natural lifetime. She to have full use, management, control and disposal of the same for her use, comfort, and support so long as she shall live.
“2d. In case no children are born to my said wife and…
2Cases cited8 opinions
- Fallon v. ChidesterSupreme Court of Iowa · 1877
- Hilpire v. ClaudeSupreme Court of Iowa · 1899
- Bowen v. HoxieMassachusetts Supreme Judicial Court · 1884
- Milburn v. MilburnSupreme Court of Iowa · 1882
- McCullum v. McKenzieSupreme Court of Iowa · 1868
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wadsworth v. BrighamOregon Supreme Court · 1927
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Haviland v. HavilandSupreme Court of Iowa · 1905
- Fry v. FrySupreme Court of Iowa · 1904
- Hamilton v. HamiltonSupreme Court of Iowa · 1908
1 more not listed; retrieve them via the Exa API.