In re the Estate of Kennedy
Supreme Court of Iowa
Appeal from Dallas District Court. — IIon. Lorin N. Hays, Judge. Francis A. Kennedy died, testate, in Putnam county, Ind., and his will was there admitted -to probate November 12, 1910, and subsequently admitted to probate as a foreign will in the district court of Dallas county.
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Appeal from Dallas District Court. — IIon. Lorin N. Hays, Judge. Francis A. Kennedy died, testate, in Putnam county, Ind., and his will was there admitted -to probate November 12, 1910, and subsequently admitted to probate as a foreign will in the district court of Dallas county. By the second clause, it bequeathed to his wife, -Maggie Kennedy, the plaintiff herein, the household goods and kitchen furniture, describing her as his second wife, and childless, adding: “My said wife has heretofore received at my hands real and personal property amounting to about $12,000, which in addition to the…
1Opinion of the CourtLadd, J.
As the widow refused to take under the will of her deceased husband, she was entitled to dower in the several tracts of land devised to his son, grandson, and another member of his family, unless some one of the several defenses interposed by them was sufficient. The motion for judgment by plaintiff necessarily conceded the allegations of fact contained in each count of the answer to be true (Scott v. Wilson, 150 Iowa, 202), and the ruling by which it was sustained held that, even though true, they were not such as to deprive plaintiff of one-third of the real estate he owned during coverture.
2Cases cited9 opinions
- Andrew v. AndrewSupreme Court of Iowa · 1901
- Bennett v. HibbertSupreme Court of Iowa · 1893
- Sunderland v. SunderlandSupreme Court of Iowa · 1865
- In re Estate of GillSupreme Court of Iowa · 1890
- Caruth v. CaruthSupreme Court of Iowa · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Sinclair v. AllenderSupreme Court of Iowa · 1947
- Bowman v. BennettSupreme Court of Iowa · 1977
- Schubert v. BarnholdtSupreme Court of Iowa · 1916
- Evans v. HerbransonSupreme Court of Iowa · 1950
- Fairmont Creamery Co. v. DargerSupreme Court of Iowa · 1916
12 more not listed; retrieve them via the Exa API.