182 Iowa 55 | Iowa | 1917
— Lebbeus Bash, a resident of Marshall County, died intestate, September 15, 1912, leaving Delphia Bash as his surviving spouse, and all the other parties herein as his children and heirs at law. The defendants Catherine L. Bash and Kenneth L. Bash were minor children of the decedent and his surviving spouse, plaintiff herein. The other defendants were the children and heirs of the decedent by a former marriage. The minor children, Catherine and Kenneth, are the cross petitioners, and are represented by their mother, Delphia Bash, as their guardian. As already indicated. the codefendants make two contentions: (1) That the decree confirming shares, entered April 3, 1913, was a final adjudication of the respective interests of the parties in the real estate involved, and that it was beyond the power of the cross petitioners to attack the same on December 9, 1914, the only ground of attack urged in the cross petition being that the cross petitioners did not know of the alleged advancement until after such decree was entered. (2) That the. alleged-gifts lo the codefendants were not intended as advancements, but were intended as gifts absolute.
To find affinuátively upon either of these contentions would affirm the judgment of the lower court. We shall consider first the second contention. It is undisputed that, maiiy years ago, Lebbeus Bash conveyed to his three children by his first marriage a half section of land in Pocahontas County. This was a gift. Tinder the law of this state, such gift will be presumed to have been an advancement, unless such presumption is overcome by a consideration of all the evidence in the case. • Tt becomes important,