Legal Opinion

McAllister v. McAllister

Supreme Court of Iowa

Decided April 1, 1918PublishedCited by 25 opinions

Appeal from Olay District Court. — D. F. Coyle, Judge. Suit in partition resulted in a decree finding that plaintiff was owner of % of the realty involved, Sue A. McAllister, %, John A. McAllister, Edward A. Mechling, and Milo Miller, thereof. All the defendants appeal.

1Opinion of the CourtLadd, J.

1. Wills : construction: statutory substitution : predeceased legatees: legatee’s wife as heir. Charles McAllister died testate, July 20, 1913, leaving him surviving as widow, Fannie S. McAllister, and no descendants. His will was admitted to probate, and by its terms gave his widow the family residence and certain bank stock, and the residue of his estate to his “wife, Fannie S. McAllister, and son Alexander McAllister in equal portions, that is, one half of the residue of my estate to each.” Alexander was his only child, the mother of whom, Laura McAllister, had departed this life many…

2Cases cited19 opinions

  1. Estate of Kuhn v. KuhnSupreme Court of Iowa · 1904
  2. Burns v. KeasSupreme Court of Iowa · 1866
  3. Phillips v. CarpenterSupreme Court of Iowa · 1890
  4. Blackman v. WadsworthSupreme Court of Iowa · 1884
  5. Rausch v. MooreSupreme Court of Iowa · 1878

14 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. In Re Estate of ConnerSupreme Court of Iowa · 1948
  2. In Re Estate of MikkelsenSupreme Court of Iowa · 1926
  3. McAllister v. McAllisterSupreme Court of Iowa · 1921
  4. Rodgers v. ReinkingSupreme Court of Iowa · 1928
  5. Boyles v. CoraSupreme Court of Iowa · 1942

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