Parsons v. Reel (In re Parsons' Estate)

• Decision Date: 11 February 1911
• Citation: 129 N.W. 955,150 Iowa 230
• Parties: IN RE PARSONS' ESTATE. PARSONS ET AL. v. REEL ET AL.
• Court: Iowa Supreme Court

150 Iowa 230

129 N.W. 955

IN RE PARSONS' ESTATE.PARSONS ET AL.

v.REEL ET AL.

Supreme Court of Iowa.

Feb. 11, 1911.

Appeal from District Court, Marion County; Edmund Nichols, Judge.

Petition for the construction of a will. The opinion states the case. Affirmed.Hays & Amos, for appellant.

Crozier & Welch, for appellee.

SHERWIN, C. J.

Theodore Parsons, deceased, executed a will which provides in part as follows:

“I hereby give, devise and bequeath to my beloved wife, Bell Parsons, the home where we now reside, together with all household goods and furniture therein contained. In addition to the above bequest, I give and bequeath to my said wife the sum of $6,000, to be paid to her in cash. The above bequests to be in lieu of dower or other interest in my estate except as herein provided for.

Third: I give, devise and bequeath to my daughter, Laura Parsons, the sum of $6,000, to be paid to her in cash.

Fourth: I give and devise to my sister, Josie Parsons, the undivided one-half of whatever amount I may receive or is due me from the estate of my father, L. B. Parsons, as shown in his last will, and in addition to the said sum, I give to my said sister the sum of $3,000, to be paid to her in cash from my estate.”

A similar devise but in a smaller amount was made to another sister of the testator, and still another devise was made to another sister in trust for her children. After the testator's death, it was found that the estate left by him was insufficient to pay all of the bequests in full, and this action was begun for the construction of the will for the purpose of determining upon whom the burden of the deficiency would fall. All of the parties interested in the will asked for a construction thereof. The trial court found that the widow, Belle Parsons, was entitled to the full amount of the bequests made to her, and this finding is unassailed in this appeal. It was also determined that the bequest to Laura Parsons, the daughter, was a general legacy, and that it was subject to abatement pro rata on account of the deficiency in the assets of the estate, and Laura Parsons appeals from the judgment.

Legacies are divided into two classes--specific and general. A specific legacy is a bequest of a particular thing that can be distinguished from others of the same kind. A general legacy is one that is not to be paid by any particular thing or article belonging to the estate, the delivery of which will fulfill the intent of the testator,...