Hoover v. Hoover
Decision Date | 11 January 1889 |
Citation | 19 N.E. 468,116 Ind. 498 |
Parties | Hoover et al. v. Hoover. |
Court | Indiana Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Marion county; Thomas L. Sullivan, Judge.
Action by Andrew P. Hoover against Elizabeth Hoover and others to quiet his title to land devised by the will of Daniel Hoover. Judgment for plaintiff, and defendants appeal.
Duncan, Smith & Wilson, for appellants. Harding & Hovey, for appellee.
The only question presented for consideration in this case involves the construction of the second clause of the last will and testament of Daniel Hoover, late of Marion county, deceased. By the first clause of his will the testator bequeathed all of his personal goods and chattels to his “beloved wife, Elizabeth Hoover, to be hers for and during the period of her natural life.” The second clause is in the following language:
The testator died on the 12th day of May, 1882, leaving as his surviving devisees and legatees his widow, Elizabeth Hoover, his son and daughter, Andrew P. and Hattie Hoover, and one other child for whom provision was made in the will. At the time of the testator's death, Andrew P. Hoover had a wife and two children, who are still in life. The widow elected to take under the will, which had been duly admitted to probate. Afterwards, on the 20th day of January, 1888, she conveyed to Andrew P. Hoover all her interest and estate in a portion of the land so devised to him as above. The latter subsequently instituted this suit, making his mother, wife, and children and others parties, alleging in his complaint that the defendants were asserting some claim to the land, and asking as relief that his title to the real estate devised by the item of the will above set out should be quieted in him. The plaintiff had a judgment and decree below according to the prayer of his complaint, and to reverse this judgment this appeal is prosecuted.
On the one hand it is contended, in effect, that by the devise above set out Andrew P. Hoover immediately upon the death of the testator took an estate in fee-simple in the east half of the farm described in the will, subject only to the...
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