192 N.W. 273 (Iowa 1923), 35142, Willshaw v. Luick

Docket Nº:35142
Citation:192 N.W. 273, 195 Iowa 1402
Opinion Judge:EVANS, J.
Party Name:WILLIAM WILLSHAW, Appellee, v. CHARLOTTE WILLSHAW LUICK et al., Appellants
Attorney:George F. Brooks and C. C. Putnam, for appellants. H. H. Griffiths and John McLennan, for appellee.
Judge Panel:EVANS, J. PRESTON, C. J., ARTHUR and FAVILLE, JJ., concur. PRESTON, C. J., ARTHUR and FAVILLE, JJ., concur.
Case Date:March 13, 1923
Court:Supreme Court of Iowa
 
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Page 273

192 N.W. 273 (Iowa 1923)

195 Iowa 1402

WILLIAM WILLSHAW, Appellee,

v.

CHARLOTTE WILLSHAW LUICK et al., Appellants

No. 35142

Supreme Court of Iowa, Des Moines

March 13, 1923

REHEARING DENIED JUNE 22, 1923.

Appeal from Polk District Court.--J. D. WALLINGFORD, Judge.

SUIT in equity, to set aside two deeds obtained from plaintiff, as alleged, by fraudulent pretense and undue influence. The defense was a general denial. The trial court entered a decree for plaintiff as to one of the deeds, and denied relief as to the other. Both parties appeal.--Affirmed.

Affirmed on both appeals.

George F. Brooks and C. C. Putnam, for appellants.

H. H. Griffiths and John McLennan, for appellee.

EVANS, J. PRESTON, C. J., ARTHUR and FAVILLE, JJ., concur.

OPINION

[195 Iowa 1403] EVANS, J.

The defendant is the plaintiff's married daughter, and is his only child. Prior to the controversy herein involved, their relations had always been of the most affectionate and confiding character. Elizabeth Willshaw, the wife of plaintiff and the mother of defendant, died in April, 1920. Up to the time of her death, she was the fee owner of the homestead, which is referred to in this record as the Buchanan Street property. She was also the owner of a certain property described in the record as the Brereton property. The plaintiff was the owner of a property known as the Logan Street property. About the year 1919, the husband and wife had each executed a deed to the other, as grantees of their respective properties. The two deeds were placed in the hands of the daughter, with written instructions to hold the same until the death of one of the parents, and thereafter to deliver such deeds to the surviving spouse. The deed from Elizabeth Willshaw to William Willshaw covered the homestead property on Buchanan Street; that of William Willshaw to Elizabeth Willshaw covered the Logan Street property. By virtue of this arrangement, William Willshaw became the fee owner of the homestead at the time of the death of his wife. No disposition was made by Mrs. Willshaw [195 Iowa 1404] of the Brereton property. At the time of the death of his wife, William Willshaw was 62 years of age. He was a blacksmith by trade, and actually engaged in such occupation, and had been engaged therein for 40 years. He appears to have been a man of abundant industry and...

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