Wills in Lieu of Dower. Ibid. 54. Unless a devise to the wife is intended to be in lieu of dower, she will not be compelled to elect which she will take, but is entitled to both. Such intention must be ascertained from express words or necessary implication. Clark, admr. v. Griffith, exr., 4 Iowa, 405; Cain v. Cain, 23 Ibid. 31. 55. Illustrations of rules. Will in the follow ing form: "I give and bequeath to my beloved wife all my estate, consisting of 170 acres of land, together with all my personal property (after paying my debts), during her life, or so long as she remains my widow. And if she should be disposed to sell the estate and improve other lands she is at liberty to do so; and at her death or marriage the estate is to be equally divided between my heirs. Held, that the widow's election to take under the will did not defeat her right of dower. Sully v. Nebergall et al., 30 Iowa, 339. of the interest or dividends to be applied toward so repugnant to it as to disturb and defeat it. the erecting, furnishing, repairing, etc., of the house of worship to be built on the lot above named, of one and one-half acres, conveyed to said trustees and their successors in office, for the use of the Methodist Episcopal Church as aforesaid; and if said interest or dividends, or proceeds of the same, shall not be all needed for the use of the building, repairing, etc., then the balance to be appropriated toward paying the minister or ministers of the Methodist Episcopal Church whose circuit or place of labor or station may include the meeting-house intended to be built on the lot above named and conveyed." Held, 1. That the portion intended to be a perpetual fund for raising the sums directed to be applied annually for the support of missions of said church, and for the payment of ministers must be administered by trustees, and that the society not being incorporated could not execute it; 2. That the fund given for immediate expenditure in erecting or furnishing the church building contemplated by the testator, would be a good devise to, and might be taken by, the church in its own name; 3. That if no other direction is made by the will there can be no valid objection to decreeing the money to be paid to the one who ordinarily receives and keeps the funds of the church, or to its treasurer for the time being; 4. That the legal title to the property devised vested in the trustees named in the will, for the use of the church, and that it was not the intention of the testator to give a fee simple estate in the land to the Methodist Episcopal Church. Johnson et al. v. Mayne et al., 4 Iowa, 181. IV. WILLS IN LIEU OF DOWER. 52. Election of widow. A claim for dower in real estate of the husband sold under execution against him, previous to his death, and to which his wife had not released her dower, is not inconsistent with a will by the husband devising to the wife during her natural life, and so long as she shall remain unmarried, all of his real and personal property. Corriell v. Ham, 2 Iowa, 552. 56. Where a widow elected to take under a will, giving her one-third of the real estate of her husband in lieu of dower, in consideration that all of the heirs should agree to give her one-third of the personalty in addition, and only a part of the heirs consented to the agreement, it was held, that the widow was estopped from afterward relinquishing all rights conferred by the will and claiming her right of dower. Richart v. Richart, 30 Iowa, 465. 57. Will containing the following provision for the widow: “After the payment of my debts, I give and bequeath to my wife all my property, real and personal, except what is herein before devised, to be held by her during her natural life for her sole use and benefit. But at her death I direct that the same be divided among all my children or their heirs. Held, that the widow's right of dower was not barred by her acceptance of this provision of the will. Metteer v. Wiley et al., 34 Iowa, 214. 58. Where dower was held to be barred by will. A testator, by a will executed after the enactment of the statute changing the widow's dower from a life estate to an absolute fee sim 53. In the absence of an express declara-ple title (Laws of 1862, chap. 141), devised onetion in the will barring the wife of dower, an intention to so bar her must be deduced by a clear and manifest implication from the instrument, founded on the fact that the claim of dower would be inconsistent with the will, or third in value of his real estate, specifically describing it, to his wife, to hold during her life, and afterward to be divided among his chil dren. He also gave her all the property which she owned and brought to him at the time of Wills in Lieu of Dower their marriage. He then, in another provision children; and hence that the will should be of the will, directed the remainder of his real construed to be in lieu of dower. Cain v. Cain, estate and all his personal property, except some supra. articles specifically devised, to be sold and the proceeds divided among his children. Held, that under our statute the widow's claim of dower was inconsistent with and repugnant to that provision of the will directing the real estate to be sold and the proceeds divided among the Argu. If the widow had possessed but the common-law dower right the land might have been sold subject thereto; but not where the dower right is an absolute fee simple to one-third of the real estate. See, further, title DOWER, ante. INDEX. 1 46 7 11 ABATEMENT. CAUSES OF: Generally, 1; Pendency of another action, 1; Defect of parties, 2; Death and ACCEPTANCE- See BILLS AND NOTES; CONTRACTS; CONVEYANCE; SALES. ACCESSORY — See CRIMINAL Law, 353, 363. ACCORD AND SATISFACTION ACCOUNT.. ACKNOWLEDGMENT........ WHO MAY TAKE ACKNOWLEDGMENT, 7. WHO MAY MAKE ACKNOWLEDGment, 7. DEFECTIVE ACKNOWLEDGMENT, 8. SUFFICIENCY AND EFFECT OF CERTIFICATE, 9. ACQUITTAL- See CRIMINAL LAW, 317. ACTS-See STATUTES, 1039. ACTION... GENERAL PRINCIPLES, 11. SPECIFIC CAUSES OF ACTION, 12. ACTION OF RIGHT... WHEN IT WILL LIE, 17. RIGHT AND EXTent of Recovery, 18. DEFENSES, 18. Generally, 18; Claims for Improvement, 19. PARTIES, 19. PLEADING AND EVIDENCE, 19. Pleading, 19; Evidence, 20. VERDICT AND JUDGMENT, 20. ADJOURNMENT-Of Courts; Judicial Sales; Justices' Courts, see their respective titles. ADJUDICATION See ARBITRATION AND AWARD, 66; JUDGMENT AND DEOREE, 635. ADMEASUREMENT OF DOWER- See DOWER, 410. ADMINISTRATOR- See EXECUTORS AND ADMINISTRATORS, 507. ADMIRALTY - See JURISDICTION, 674. ADMISSIONS — See EVIDENCE, 459. AD QUOD DAMNUM... 17 20 AGREEMENT See CONTRACTS, 207; CONVEYANCE, 245; ATTORNEY AND CLIENT, 107; SALES OF PERSONAL PROPERTY, 1008, VENDOR And Vendee. (1) From justice's and mayor's court: In what cases appeals lie, 36; Who (2) From the county court, county commissioners, and board of supervisors: In (3) In special proceedings, 48. TO THE SUPREME Court, 49. In what cases an appeal lies, 49; Who may appeal, 51; How and when taken : ARRAY-See CRIMINAL LAW, 297; Jury, 683. ARREST-See OFFICE AND OFFICER, 840. ARREST OF JUDGMENT — See NEW TRIAL IN CRIMINAL CASES, 826. ARSON-See CRIMINAL LAW, 306, 352. ASSAULT AND BATTERY. 29 .305, 346, 353, 472 ASSESSMENT - ASSESSOR-See DAMAGES, 373; PRACTICE, 919; TAXES. - ASSIGNMENTS GENERALLY, 71. What is assignable, 71; Who may make and receive an assignment, 72; How ASSIGNMENT For BENEFIT OF CREDITORS, 80. General principles, 80; General assignments, 81; Partial assignments and ASSIGNMENT OF ERROR-See APPEAL, 57; PRACTICE, 951. ATTACHMENT....................... CAUSES FOR, AND THE PROCEEDINGS GENERALLY, 85. JURISDICTION OF THE COURTS IN ATTACHMENT, 90. PLEADINGS AND ISSUES IN ATTACHMENT PROCEEDINGS, 92. ATTACHMENT AND Delivery Bonds, 94. Attachment bonds: (1) Execution of, 94; (2) Amendment of, 95; (3) Action on, 95. Delivery Bonds, 96. OF THE WRIT AND PROCEEDINGS THEREUNDER, 97. EVIDENCE IN ATTACHMENT CASES AND IN ACTIONS ON BONDS, 100. PRACTICE IN ATTACHMENT CASES, 101. ATTESTATION - See CONTRACTS; EVIDENCE; WILL. ATTORNEY AND CLIENT..... THE VOCATION, 103. General principles, 103; Suspension of attorney, 104. Attorney's authority, 104; Proof of authority, 105; Unauthorized appearance, 71 85 103 AUCTION... AUTHENTICATION - See ACKNOWLEDGEMENT OF DEEDS, 9; EVIDENCE, 467. AWARD-See ARBITRATION AND AWARD, 66. BAGGAGE-See COMMON CARRier, 172; Innkeeper, 604; RAILROad, 993. WHO MAY BE ADMITTED TO BAIL, 109. VALIDITY OF BAIL BOND, 110. CONSTRUCTION AND EFFECT, 111. FORFEITURE, 111. LIABILITY OF Obligor, 112. 109 109 BARGAIN AND SALE-See SALES OF PERSONAL PROPERTY, 1008; CONTRACTS, BASTARDY PROCEEDINGS. 119 BEQUESTS-See WILLS. BETTING - See WAGER; CRIMINAL LAW, 308; BILLS, NOTES AND CHECKS, 122, 127; BILL OF EXCHANGE-See BILLS, NOTES AND CHECKS, 121. See PLEADING, 912. VOL. 2.140 |