Halliday v. Stickler

• Court: Iowa Supreme Court
• Writing for the Court: ROTHROCK, J.
• Citation: Halliday v. Stickler, 78 Iowa 388, 43 N. W. 228 (Iowa 1889)
• Decision Date: 10 October 1889
• Parties: HALLIDAY v. STICKLER et al

43 N.W. 228

78 Iowa 388

HALLIDAY v. STICKLER et al

Supreme Court of Iowa, Des Moines

October 10, 1889

Decided October, 1889

Appeal from Appanoose District Court.--HON. H. C. TRAVERSE, Judge.

THIS is a proceeding in probate, by which the plaintiff, who is administrator of the estate of George S. Beer, deceased, asks an order for the sale of certain real estate for the payment of the debts of his intestate. There was a demurrer to the petition, which was overruled, and the defendants elected to stand thereon, and an order was made for the sale of the real estate as prayed. Defendants appeal.

AFFIRMED.

Tannehill Vermilion & Haynes, for appellants.

L. C Mechem and T. M. Fee, for appellee.

OPINION

ROTHROCK, J.

It appears from the averments of the petition that, on the second of November, 1870, one Priscilla Beer, the wife of George S. Beer, made and executed her last will and testament. The following is a copy of said instrument, so far as material to the questions involved in this case: "(1) I give and bequeath unto my two sons, William A. Beer and Joseph G. Beer, one span of horses each, and one bed and bedding each, and also one cow to each, to be delivered to them as soon as convenient after my decease. (2) I further give and bequeath unto my two daughters, Sarah Frances Beer and Nancy Adora Beer, a bed and bedding to each, and a cow apiece to each, as soon as convenient after my decease. (3) I give and bequeath to my granddaughter, Josephine Shields, the sum of two hundred and fifty dollars at the death of my husband, George S. Beer. (4) I give, devise and bequeath unto my beloved husband, George S. Beer, all the real and residue of both my real and personal estate, of every name and nature whatsoever, and whatever of the same should be left at his decease I direct should be equally divided between the children of the said George S. Beer and their heirs and assigns forever." After the death of Priscilla Beer, plaintiff's intestate, George S. Beer, sold and conveyed all of the land devised to him by said will to his two sons, W. A. and Joseph G. Beer. Afterwards said Joseph G. Beer reconveyed to said intestate all the interest he had in said land. By this reconveyance said intestate again became the owner of an undivided half of the devised lands, to the same extent at least as he formerly held the same under the will. The demurrer to the petition was upon the following grounds: "(1) The petition and amendments thereto, and exhibit of will attached, show on their face that the estate of George S. Beer has no interest in the land sought to be sold for the payment of the debts of said estate. (2) The petition and will attached show that George S. Beer took only a life-estate in the land in question under the will, and that said land is not subject to the payment of his debts." It is earnestly contended by counsel for appellants that, under a proper construction of the will, George S. Beer took a life-estate in the land devised, and that at his death it descended to his children, and is not liable for the payment of his debts. In our opinion, a fair consideration of the instrument in all its parts will not authorize the construction contended for by counsel. The fourth...