109 Iowa 305 | Iowa | 1899
G. E.- Bergman, a resident- of Sioux -com ty, died testate in May, 1880, seised in fee simple of a tract of eighteen acres of land in Sioux county, which is now in controversy. His will provided that if his wife, Marie Karoline, should marry after his death, she should receive one-half of his property, and that one-half should go to'his four children, Henry Erederich, George Erederich, Karl- Heinrich, and Anna Karolina, when the youngest child, Anna, attained her majority. In December, 1881, the widow married the defendant, and in June, 1884, died intestate. On the Jth day of the next month he was appointed administrator of her estate. He has at all times since the death
The district court found the plaintiff Henry F. Bergman to be entitled to an undivided ten twenty-fourths of the land, that each of the other two plaintiffs is entitled to an undivided five-twenty-fourths, and that the defendant is entitled to an undivided one-sixth of it. The court also- found that it is not practicable to divide the land equitably between its owners, and ordered that it be sold, and the proceeds be distributed in proportion to their respective interests as fixed by the decree. The claim of the defendant for improvements was not allowed, and it was ordered that the improvements remain upon the land, as a part of it, and that they be sold with it. The costs made by the defendant in support of his claim for improvements were taxed to him. The decree gave to the defendant the share of the land which he claims, and, as the plaintiffs do not appeal, that part of the decree shall not be considered.
We are required to determine whether the land should have been divided, and whether the defendant should have been allowed anything for improvements, and, if he should, the amount of allowance to be made. It is shown that the defendant used the proceeds of the land for the two years next following the death of the mother of the plaintiffs for the building of a barn, and did not account to the plaintiffs for rent for that period. He had planted trees, constructed fences, erected one or more additions to the dwelling-house, a stable, granaries, hog and cattle sheds, corncribs and chicken houses, and has dug wells and made a cistern. There is serious conflict in regard to the present value of the improvements made by the defendant, the estimates of various witnesses varying from two hundred dollars to eight hundred dollars. We are satisfied, however, that the value of the improvements reasonably necessary for the successful carrying on of the premises for ordinary farming