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836 N.W.2d 1
Iowa
2013
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Background

  • Carl and Lois Hord owned farmland as tenants in common; Carl died in 1992, his will creating the Carl R. Hord Trust funded with his interest in the farmland; the trust’s Article VI included a spendthrift clause protecting remainder interests from transfer until distribution by trustees Lo is Waugh; five of six remainder beneficiaries executed quitclaims to Lois in 1993 based on a trustee's tax payment and an attorney’s letter, without consulting counsel or reading the will; Lois’s will later left her entire interest to Waugh as executor, with no clear indication of distribution of Lois’s interests to herself or Waugh; after Lois died in 2009, the remainder beneficiaries challenged the validity of the transfers and sought enforcement of the spendthrift clause; the district court concluded the assignments were revocable until distribution and that the ten-year statute of limitations did not apply; the court of appeals held the spendthrift clause prohibited transfers and that the statute did apply; the Iowa Supreme Court vacated the court of appeals and affirmed the district court, holding the statute of limitations barred enforcement.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether 614.17A bars the remainder beneficiaries’ action Trabert et al. argue interests existed when created but arose later Waugh argues claims arose before 2003 and were time-barred Yes; claims barred by 614.17A.
When does the limitations period begin under 614.17A for future interests Claims arose upon Lois’s death in 2009 Claims arose when the interests were created and recorded Arises on recording of the interest; title-clearing statute applied.
Timeliness of appeal after rule 1.904(2) motion Motion extended appeal period Motion did not toll appeal Timely appeal; motion extended the period.

Key Cases Cited

  • Lane v. Travelers Insurance Co. of Hartford, 230 Iowa 973, 299 N.W. 553 ((Iowa 1941)) (date of interest creation governs 614.17 timing; marketable title context)
  • Lytle v. Guilliams, 241 Iowa 523, 41 N.W.2d 668 ((1950)) (continues Lane approach; interests exist before 1930; statute applicability)
  • Chicago & Northwestern Ry. v. City of Osage, 176 N.W.2d 788 ((Iowa 1970)) (marketable title lineage and stability of title principles)
  • Tesdell v. Hanes, 248 Iowa 742, 82 N.W.2d 119 ((1957)) (marketable title precedents and limitations mechanics)
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Case Details

Case Name: In the Matter of the Estate of Lois L. Hord, In the Matter of the Carl R. Hord Trust Anne T. Walsh, Kathryn Trabert, Gary R. Shuck, Donald C. Shuck, Willis E. Shuck, and John Daly v. Larry Waugh, of the Lois Hord Estate and Trustee of the Carl R. Hord Trust
Court Name: Supreme Court of Iowa
Date Published: Jun 21, 2013
Citations: 836 N.W.2d 1; 2013 Iowa Sup. LEXIS 75; 2013 WL 3129200; 11–0935
Docket Number: 11–0935
Court Abbreviation: Iowa
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