Baldwin v. Morford

• Decision Date: 16 May 1902
• Citation: 90 N.W. 487,117 Iowa 72
• Parties: BALDWIN v. MORFORD (MORFORD, INTERVENER).
• Court: Iowa Supreme Court

117 Iowa 72

90 N.W. 487

BALDWIN

v.MORFORD (MORFORD, INTERVENER).

Supreme Court of Iowa.

May 16, 1902.

Appeal from district court, Johnson county; M. J. Wade, Judge.

Appeal from a decree of the district court setting aside a deed of real estate. A statement of the facts will be found in the opinion. Affirmed.Ranck & Bradley and A. E. Maine, for appellant.

O. A. Byington, for appellee.

WEAVER, J.

In the year 1884 one John Morford, of Johnson county, Iowa, died testate. By the terms of the will, which was duly probated, the testator's property was disposed of as follows: “(2) To my beloved wife, Mary Morford, I give, devise, and bequeath, all and singular, my real and personal estate, of whatever kind and wherever situated, of which I may die seised, subject to the payment of my debts as indicated in the first section hereof; to have and to hold, enjoy and use, during her natural life, with full power to sell and convey for the purpose of paying said debts, and for her own support, comfort, and maintenance, without let or hindrance from any one whatever, and in her own discretion; requesting, however, that the 127-acre tract near the church (sec. 27) be first sold of the lands for said purpose. (3) If after the death of my said wife there should be anything left after the payment of the expenses of her last sickness and funeral expenses, I give and bequeath to my nephew, W. J. Morford, of Dakota territory, the sum of $1,000, and to Mary J. Huff (formerly Posey) the sum of $200, to be paid as soon as may be after the death of my said wife.” The widow, Mary Morford, never remarried, and died without issue July 3, 1899. The estate of John Morford was to some extent incumbered by debt, but to what extent is not shown; and it does not appear what amount of property, either in kind or value, was received by the widow under the will. It is shown, however, that she had no property in her own right at the date of her husband's death. On December 18, 1888, one Bradley, being the owner of the lot in controversy, conveyed the same to Charles E. Morford, then an infant of tender years. The negotiation for the sale was carried on by the defendant's mother, Stella Morford, and the purchase price, $500, was paid over by her, and at her direction the deed was made to the child. Mrs. Mary Morford was present when the sale and conveyance was made, and on the same date drew $500 from the bank. She also took the deed from the recorder's office, and took possession of the property, occupying it as her home during the remainder of her life. She also told witnesses that she had purchased the property, and had it deeded to the child. The petition of the intervener in this case is filed by W. J. Morford, the beneficiary named in the third clause of the will, who alleges he has not been paid the legacy therein provided for, that there is no other property or funds out of which it can be paid, and that said property was purchased and paid for by Mary Morford with funds derived from the estate of John Morford, and asks to have the deed to defendant set aside, and the property decreed to belong to the estate of John Morford. The issue taken by defendant upon this petition is the only controversy before this court.

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