Barnes' Estate, In re, 51294

Decision Date21 September 1964
Docket NumberNo. 51294,51294
Citation130 N.W.2d 227,256 Iowa 1043
PartiesIn the Matter of the ESTATE of Bernard C. BARNES, Deceased.
CourtIowa Supreme Court

Appellees' Application for Further Clarification of Opinion having been duly considered, there is further deleted from the opinion reported in 128 N.E.2d 188, from lines 11, 12 and 13 from the bottom of the second column on page 195, 'and, when determined, this reversionary interest will pass to the testator's heirs.'

The opinion is further changed by inserting a period following the words 'in reversion' immediately preceding the language hereby deleted, and the following inserted in lieu of the deleted words, 'This reversionary interest, of course, is a present vested interest arising by construction and operation of law, being the undisposed portion of testator's estate when the trust is terminated. Since the will fails to direct disposition of the remainder, the undisposed or unused portion of the trust vests in Walter at the death of the testator, with enjoyment in him postponed until Sara's death or marriage, and Margaret's death. 31 C.J.S. Estates § 106, page 205; Ransom v. Mellor, 230 Iowa 451, 455, 297 N.W. 861, 863; and Lewis v. Lewis, 114 Iowa 399, 87 N.W. 280.'

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6 cases
  • Stonebrook's Estate, In re
    • United States
    • Iowa Supreme Court
    • 5 Abril 1966
    ...of Artz, 254 Iowa 1064, 1070, 120 N.W.2d 418, 422, and citations; In re Estate of Barnes, 256 Iowa 1043, 1049, 1050, 128 N.W.2d 188, 191, 130 N.W.2d 227; Watson v. Manley, 257 Iowa ---, 130 N.W.2d 693, Many authorities refer to the execution of a codicil as a republication or confirmation o......
  • Bankers Trust Co. v. Allen
    • United States
    • Iowa Supreme Court
    • 8 Junio 1965
    ...14 N.W.2d 638, 641, 152 A.L.R. 1296, 1301; 95 C.J.S. Wills §§ 591, 592. See also In re Barnes Estate, 256 Iowa ----, 128 N.W.2d 188, 191, 130 N.W.2d 227; In re Estate of Artz, 254 Iowa 1064, 1069-70, 120 N.W.2d 418, 422, and citations. Nor is extrinsic evidence admissible to vary, contradic......
  • Van Hosen v. Bankers Trust Co.
    • United States
    • Iowa Supreme Court
    • 19 Septiembre 1972
    ...Thus public policy comes into play. See In re Estate of Barnes, 256 Iowa 1043, 1051, 128 N.W.2d 188, modified on other grounds 130 N.W.2d 227 (1964). It therefore follows, the infinite forfeiture and termination of all pension rights instantly acquired by plaintiff through prior affiliation......
  • Roberts' Estate, In re
    • United States
    • Iowa Supreme Court
    • 14 Octubre 1969
    ...desire by an arbitrary rule or technicality. This we decline to do. In re Estate of Barnes, 256 Iowa 1043, 1055, 128 N.W.2d 188, 194, 130 N.W.2d 227; Schmidt v. Claus, We conclude there is no such inconsistency or repugnancy here as to require a holding that paragraph 4 is void, and that th......
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