Appeal from District Court, Scott County; J. W. Bollinger, Judge.
DEEMER, J.
Both plaintiff and defendants claim title under a deed made by Henry Stone, Sr., and his wife, Betsey, to Ruth Stone, on or about April 9, 1870, the material parts of which read as follows: “Witnesseth: That whereas the said Henry Stone, Sr., is desirous to make provision for his daughter-in-law, the aforesaid Ruth Stone, and for her children hereinafter to be named, against future contingencies and hers and their support, and whereas the aforesaid Henry Stone, Sr., is desirous that his said daughter-in-law and her children should enjoy the proceeds, rents, issues, and income of the real estate hereinafter more particularly described for the full term of her natural life, free from the control, liabilities, or interferences of any husband that she may hereafter have: Now, therefore, this indenture, witnesseth: That the said Henry Stone, Sr., in consideration of the sum of one dollar to him in hand paid by the said second party, the receipt whereof is hereby acknowledged, has bargained and sold, and does by these presents grant, bargain, sell, convey, and confirm unto the said second party, the following described real estate lying and being situated in the county of Scott, and state of Iowa, to wit: The west half (1/2) of the northwest quarter of section No. five (5), township No. seventy-eight (78) North, of range five (5) East, of the 5th. P. M., excepting a certain lot of timber growing and standing in the southwest corner of the aforedescribed quarter section, the land upon which said timber is situated more fully described as follows, to wit: Commencing at the southwest corner of said premises, running thence north to a certain creek known as the ‘Condid Creek,’ thence in an easterly direction following the meanderings of said creek to the first bridge across said creek, known as the Old Slough Road Bridge, thence in a southerly direction on and along said Slough Road to the south line of said premises, thence west to the place of beginning, supposed to contain fifteen (15) acres. Said timber reserve is made for the express use, benefit, and behoof of Henry Stone, Jr., son of Henry Stone, Sr., also the east half (1/2) of the west half (1/2) of the southwest quarter of section No. five (5), in township No. seventy-eight (78) North, of range five (5) East, of the 5th. P. M., containing forty acres (40), more or less. The intention being to convey hereby absolute title in fee simple to said real estate, to have and to hold the premises herein described in trust for the uses and purposes hereinafter specified. First. To use for the maintenance of herself and for the maintenance, education, and support of her minor children the aforedescribed trust for the full term of her natural life, she to pay from the proceeds, products, and use of said trust all taxes that may hereafter be justly assessed against said premises. Second. To leave the premises at her death in as good condition as reasonable use thereof will permit to her two sons named William Stone and Henry Stone. Third. The said Henry Stone, Sr., and Betsy Stone, his wife, hereby declare that upon the decease of the aforesaid Ruth Stone, the aforesaid trust shall cease and determine, and the foregoing described premises shall belong in fee simple to William Stone and Henry Stone, sons of the said Ruth Stone, upon the express condition that the aforesaid William Stone and Henry Stone pay or cause to be paid to their three sisters the following sums, to-wit: To their sister Harriet the sum of one hundred dollars ($100), to their sister Mary the sum of one hundred dollars ($100), to their sister Ida the sum of one hundred dollars ($100), said sums to be paid at the time of their taking possession of said premises, and the said party of the second part doth hereby signify her acceptance of this trust, and doth hereby covenant and agree to and with the said parties of the first part faithfully to discharge and execute the same to the true intent and meaning of these presents. In witness whereof, we have hereunto set our hands and seals, this 10th day of May, A. D. 1870.”
Thereafter, and in the year 1901, Harriet Dickinson and her husband and Mary...
