Legal Opinion
Dwyer v. Allyn
Indiana Court of Appeals
Decided July 20, 1992No. 65A01-9203-CV-67PublishedCited by 3 opinions
1Opinion of the Court
BAKER, Judge.
"Wills and the construction of them do more perplex a man than any other learning," mused the venerable Lord Coke in Roberts v. Roberts, 2 Bulstr. 124, 130, 80 Eng.Rep. 1002, 1008. Unfortunately, his observation still rings true today, as the pitched legal battle currently confronting us proves.
The sole issue raised in this appeal is whether the following sentence from the will of Ida W. Stratton is precatory or imperative: "It is my desire that said real estate [an undivided one-third interest in 210 acres] not be sold or divided among my children or grandchildren for so long as…
2Cases cited22 opinions
- State Ex Rel. Indiana State Board of Dental Examiners v. JuddIndiana Court of Appeals · 1990
- Thornagel v. PforrCalifornia Supreme Court · 1904
- Langehennig v. HohmannTexas Supreme Court · 1942
- Leadbetter v. PriceOregon Supreme Court · 1921
- Fischer v. KaylorIndiana Court of Appeals · 1969
17 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of Hibbs v. Indiana Department of State Revenue, Inheritance Tax DivisionIndiana Tax Court · 1994
- Diana v. BentsenDistrict Court of Appeal of Florida · 1996
- In Matter of RelphordeIndiana Supreme Court · 1992