Severson v. Severson

• Decision Date: 23 April 1886
• Citation: 27 N.W. 811,68 Iowa 656
• Parties: SEVERSON v. SEVERSON AND OTHERS.
• Court: Iowa Supreme Court

68 Iowa 656

27 N.W. 811

SEVERSON

v.SEVERSON AND OTHERS.

Supreme Court of Iowa.

Filed April 23, 1886.

Appeal from Story circuit court.

Action for an admeasurement of dower. There was judgment for the plaintiff. The defendant appeals.F. D. Thompson, for appellant, Severena Severson and others.

Dyer & Fitchpatrick, for appellee, Carrie Severson.

ADAMS, C. J.

The plaintiff, Carrie Severson, is the widow of S. A. Severson, who died testate. She asks that her dower or distributive share in certain land described may be set out to her in addition to the land devised to her in her husband's will. It is agreed that the testator died seized of the N. W. 1/4 of the S. E. 1/4, and S. 1/2 of the S. E. 1/4, of section 10, township 82, range 24 W. of fifth principal meridian. It is agreed, also, that he did not own any part of the N. E. 1/4 of the section. He, however, in making a devise to his wife, used these words: “I give and bequeath unto my wife, Carrie Severson, the undivided two-thirds of the following real estate: The N. W. 1/4 of the S. E. 1/4 of section 10, and S. 1/2 of the E. 1/4 of section 10, all in township 82, range 24 W. of 5 P. M.; also two-thirds of my personal property.” The E. 1/4 of the section, strictly considered, would be the four east 40's, and the S. 1/2 of the E. 1/4 would be simply the E. 1/2 of the S. E. 1/4. Now, it seems to us incredible that if the testator had in mind simply the E. 1/2 of the S. E. 1/4 he would have used the description which he did. By “E. 1/4,” then, we think that the testator must have meant either the N. E. 1/4 or the S. E. 1/4. But it is agreed that he did not own the N. E. 1/4 of the section, or any part thereof, but did own land in the S. E. 1/4. The will itself, indeed, shows that he claimed to own an interest in three 40's in the S. E. 1/4, and precisely the three 40's in which he undertook to devise to his wife an undivided two-thirds, if we read the “E. 1/4” as “S. E. 1/4.” This appears from another part of the will, in which he made a devise to his daughter Severena Severson. That devise was made in these words: “I give and devise unto my daughter Severena Severson the undivided one-third of the following real estate: the N. W. 1/4 of the S. E. 1/4 of section 10, and the S. 1/2 of the S. E. 1/4 of section 10, all in township 82, range 24 west of 5 P. M., also one-third of all my personal property.” Construing “E. 1/4” as intended for “S. E. 1/4,” the two devises dispose of the entire three 40's. By a literal construction they would not. We have to say that, looking at the will alone, we are...