Stennett v. Hall

• Decision Date: 12 March 1888
• Parties: STENNETT et al., ADM'RS, v. HALL et al. HALL et al. v. STENNETT et al
• Court: Iowa Supreme Court

37 N.W. 332

74 Iowa 279

STENNETT et al., ADM'RS, v. HALL et al.

HALL et al. v. STENNETT et al

Supreme Court of Iowa, Des Moines

March 12, 1888

Decided December, 1887

Appeals from Montgomery District Court.--HON. GEO. CARSON Judge.

ACTIONS wherein plaintiffs pray for decrees construing a will. In each case they appeal.

AFFIRMED.

Smith McPherson, for appellants.

C. E Richards, for appellees.

OPINION

BECK, J.

The following will was admitted to probate:

Villisca, Iowa, September 23, 1880.

"I, Daniel Stennett, of Montgomery county, Iowa, being of sound mind and memory, do make, ordain and declare this instrument to be my will: (1) All just debts and burial expenses to be paid. (2) I bequeath and devise all my personal and real property as follows: (3) To my son, Wayne Stennett, forty-five dollars in excess of an equal share; said forty-five dollars is to taken Emma Hall's share. (4) To my daughter, Emma Hall, fifty dollars, forty-five of which is to go to Wayne Stennett for marble head-stone, she having had consideration in advance. (5) To my daughter, Eliza Harlan, an equal share, less one hundred and fifty dollars. (6) To my son, Charles Stennett, an equal share, less one hundred dollars. (7) To my son, Hugh Stennett, an equal share, less four hundred dollars. (8) To my daughter, Nancy Becknell, an equal share. (9) To my son, J. P. Stennett, an equal share, less sixty dollars. (10) To my daughter, Elizabeth Dinwiddie, an equal share. (11) I appoint Wayne and J. P. Stennett, of Montgomery county, Iowa, farmers, executors of this will. In witness whereof I have signed and sealed and published, and declare this instrument or will, at Villisca, Montgomery county, Iowa, this twenty-third September, A. D. 1880.

DANIEL STENNETT. [Seal.]"

The cases were submitted together, without other evidence than the following agreed statement of facts: "In lieu of all other evidence the following agreement is made of record, and no other evidence is competent or admissible, and the following facts are agreed to be used in evidence in each and both of said cases aforesaid: (1) Daniel Stennett died at Villisca, Montgomery county, Iowa, on the day of May, 1886, and for many years preceding his death resided in said county. (2) The wife of Daniel Stennett died many years prior to death of Daniel Stennett, and he did not remarry. (3) Said Daniel Stennett left surviving him as his only heirs living the following children: Wayne, J. P., Charles and Hugh L. Stennett, and Nancy Becknell, Eliza Harlan and E. Dinwiddie, all parties to said actions aforesaid. The said D. Stennett also at one time had a daughter by name of Emma Hall, who died several years prior to the death of said D. Stennett. At one time the said Emma Hall had been married. Prior to her death she was lawfully divorced from her husband, and never remarried. She had one child and heir, and no other children, viz., E. L. Hall, a party to said actions aforesaid. (4) On the day of May, 1880, said Daniel Stennett made his last will and testament, a copy of which is annexed to each of the petitions in said actions, which is made a part hereof; the original and record thereof is waived. Said will was duly and legally admitted to probate by the circuit court of said county, June 22, 1886, and duly recorded. (5) At time of making said will said Emma Hall was dead, and was then known by said D. Stennett to be dead; and said D. Stennett died seized in fee-simple or the owner of said real estate in suit, or of personal estate."

The district court entered the following findings and decree "(1) That the clause in said will of Daniel Stennett, deceased, relating to and granting a bequest to Emma Hall, is void. (2) The court finds that said bequest to Emma Hall was made after decease of said legatee; and the court finds that said bequest was disposed of, except the sum of five dollars in the bequest to W. Stennett; the sum of twenty-five dollars thereof having been appropriated by said testator for a monument for said deceased daughter, Emma Hall, legatee in said will. The court orders the executors to proceed as follows: To the children, share and share alike, subject to the limitations contained in the will: and that said sum of twenty-five dollars appropriated to Wayne Stennett be...