836 N.W.2d 1
Iowa2013Background
- 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)
