Legal Opinion · Concurrence

In Re Estate of Fintel

Supreme Court of Iowa

Decided April 6, 1948No. 47171Published

1ConcurrenceMulroNEY, C. J.

(specially concurring) — I concur in the court’s judgment and its opinion but I should prefer to reverse the judgment of the trial court on the broader ground that under the circumstances surrounding the testator and the language used in the will, the term “children” includes “grandchildren.”

In Parish v. Welton, 194 Iowa 1274, 1277, 190 N. W. 947, 949, we said:

“It is undoubtedly true that the word ‘children’ may, in some’ instances, be construed to include grandchildren, where it is evident from the context of the will that such was the plain intent of the testator. Bowker v. Bowker, 148…

2Cases cited9 opinions

  1. Bowker v. BowkerMassachusetts Supreme Judicial Court · 1889
  2. Marvick v. DonhoweSupreme Court of Iowa · 1921
  3. Parish v. WeltonSupreme Court of Iowa · 1922
  4. Fletcher v. FletcherSupreme Court of Iowa · 1925
  5. Hodge v. Lovell's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1936

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