Meier v. Meier
| Decision Date | 06 July 1920 |
| Docket Number | No. 30697.,30697. |
| Parties | MEIER v. MEIER. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Allamakee County; A. N. Hobson, Judge.
“Not to be officially reported.”
On hearing, the relief prayed for in the petitions as amended was granted and the counterclaim dismissed. The defendant appeals. Modified and affirmed.Stilwell & Stilwell, of Waukon, for appellant.
D. J. Murphy, of Waukon, for appellee.
August Meier died testate, seized of considerable real estate, and survivedby a widow and eight children. By the terms of his will, one 80 acres of land was devised to the widow, as was also the possessions, rents, and profits of his entire estate during life, and she was made residuary legatee. Other lands were devised and legacies made to his several children. After the will had been admitted to probate, the widow and children, other than Otto, entered into an agreement under which the property was divided among the children, each of whom undertook to execute a life lease to the widow, undertaking therein to pay her the sum of $210 on the 1st day of January, 1911, and on the 1st day of January of each year during her lifetime, and she undertook to make conveyance of the properties, and that Gustave and Lucinda be paid $1,235 each. On August 18, 1911, this action was brought by the widow against her son Gustave to recover the first payment of $210 with interest. Another action begun August 22, 1913, to recover the payments maturing January 1, 1912, and January 1, 1913, for $210 each, was consolidated with the first suit. Subsequently an amendment was filed, praying that the description of one of the tracts of land be corrected, and also that an alleged agreement of the children to keep the buildings on their several properties insured and to pay taxes was omitted, and praying that the contract be reformed in these respects. The defendant answered, alleging that the $1,235 which the widow promised to pay had not been paid, and also set up claims for insurance and taxes paid on the land to which he was entitled under the contract, and also alleging a tender and setting up that the deed had not been delivered, and praying judgment for the several items mentioned. By consent, the cause was transferred to the equity side of the calendar, and, on hearing, the counterclaim was dismissed, judgment entered as prayed, and the contract reformed.
A careful examination of the record has convinced us that the evidence warranted...
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In re Ringle's Estate
...deed and, as a consideration for the deed, the grantee, as remainderman, agrees to support and maintain them during the term. Meier v. Meier (Iowa) 178 N. W. 360. In the case at bar performance of the grantee's obligation toward the grantors has been made, in part at least, by the guardian ......
- Rhea v. Adder Mach. Co., 33494.
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