Vaughn v. Converse

• Decision Date: 25 October 1918
• Docket Number: 32104
• Citation: 169 N.W. 144,184 Iowa 891
• Parties: WILLIAM VAUGHN et al., Appellants, v. MARY CONVERSE et al., Appellees
• Court: Iowa Supreme Court

169 N.W. 144

184 Iowa 891

WILLIAM VAUGHN et al., Appellants, v. MARY CONVERSE et al., Appellees

No. 32104

Supreme Court of Iowa, Des Moines

October 25, 1918

Appeal from Marion District Court.--LORIN N. HAYS, Judge.

SUIT in partition of lands. The plaintiffs aver that they are the owners of an undivided six tenths of such lands, and that the defendants are the owners of an undivided four tenths thereof. The defendants deny that plaintiffs have any interest in the lands, and by a cross-bill claim to be the absolute owners thereof. There was a decree for the defendants, and the plaintiffs appeal.

Affirmed.

W. G Vander Ploeg and Burrell & Devitt, for appellants.

L. D Teter, for appellees.

EVANS J. PRESTON, C. J., LADD and SALINGER, JJ., concur.

OPINION

EVANS, J.

The respective rights of the parties are dependent upon the construction of the will of John Vaughn, who died in 1897. The defendants are children of John Vaughn by his last marriage. The plaintiffs are children and representatives of deceased children by former marriages. John Vaughn died testate, leaving his widow surviving. The material portion of his will was as follows:

"First. After the payment of all my just debts I give and devise all my real and personal property of every kind and description to my wife, Hannah E. Vaughn, to have, hold and control the same so long as she remains my widow:

"Second. And I further will that all my life insurance that I may die seized of shall go to said wife.

"Third. In case my wife, Hannah E. Vaughn, shall marry again then in that case I will and devise that my said wife shall receive one third of all my real and personal property, and the residue thereof shall be equally divided between my children."

This will was duly executed in 1887. In 1897, he executed the following codicil thereto:

"I, John Vaughn, of Knoxville, Marion County, Iowa, a farmer, do make this my codicil, hereby confirming my last will, made on the 12th day of June, 1887, and do hereby give and grant unto my said wife, Hannah E. Vaughn, the power to sell and convey my real estate and execute a deed for the same, the same as I could do if living."

The question presented is whether the widow took a fee title or only a life estate. For the appellees, it is contended that the case is ruled by Busby v. Busby, 137 Iowa 57, 114 N.W. 559, In re Will of Weien, 139 Iowa 657, 116 N.W. 791, and kindred cases; whereas the appellants contend that the case is ruled by Brunk v. Brunk, 157 Iowa 51, 137 N.W. 1065, and Price v. Ewell, 169 Iowa 206, 151 N.W. 79.

The line of distinction between the two lines of cases is narrow. It is, nevertheless, fairly marked. The guiding criterion is the intention of the testator, as it can fairly be gathered from the terms of the will. In the Busby case, the will devised to the wife, with a further proviso that she should remain unmarried. In the event that she remained unmarried, no provision was made for the disposition of the remainder after her death. We found that the intent of the testator was to devise a fee, subject to the condition. In the Brunk case, the will devised the property to the wife "so long as she remains my widow." It also devised the remainder of the estate "after the remarriage" and also "after the death" of the wife. The same was true in Price v Ewell, 169 Iowa 206, 151 N.W. 79. In those cases we found that the manifest intent of the testator was to devise to the wife a life estate...