116 Iowa 697 | Iowa | 1902
Frank E. Allen died in Emmet county-in the year 1899, leaving a will, by the terms of which his-whole estate was devised to his wife, the defendant herein. She was also appointed sole executrix. On July 20, 1899, plaintiff filed her claim against said estate as follows:
“July 11, 1899. The Estate of E. E. Allen, Deceased,, to Nancy Allen, Dr.: 1899, July 1. Interest due of contract of E. E. Allen with J. 0. and Nancy Allen (copy attached)to this date. To accruing interest as stipulated in contract, $1,153.32.” (Duly verified by Nancy Allen.)
This claim was based upon the following instrument, executed by decedent to his parents:
1 “Estherville, la., Dec. 2d, 1884. I, E. E. Allen, hereby acknowledge having received from my parents, J. 0. and-Nancy Allen, the sum of two thousand and seventy-five dollars ($2.075) by way of an advancement, but. subject to these conditions: Should the said J. C. and Nancy Allen, or the survivor of them, call for- or require the same, the undersigned shall pay to them,, or the survivor of them, interest on said sum at any rate-required, not exceeding six per cent, per annum; but at ' their death, and that of the survivor of them, this obligation shall be at an end and null and void. [Signed] E. E-Allen.”
Interest.
Paid on the within Oct. 25, ’86.......... $15 00
Nov. 5, ’87........,.. 20 00
May 3, ’88......... . . 30 00
Mch. 25 ............. 25 00
June 12, ’89......... 15 00
May 3, ’90.......... 30 00
Sept. 23, ’90.......... 35 00
Dec. 30, ’90.......... 20 00
Neb. 26, ’91. 30 00
00 May 29, ’91.......... 40
Oct. 20, ’91........... 20 00
Jan. 1, ’91............ 10 00
riass “ “ “ ............ 4 00
June 16, ’92.......... 40 00
Dec. 26, ’92.....■..... 40 00
Aug. 24, ’94.......... 40 00
“ suit of clothes Oct. ’94.............. 30 00
“ .........bill Oct. ’94.............. 5 00
check' Sept. 23 ............. 40 00
Mch. 28 .....'....... 25 00
May ,5 .1............ 25 00
June 6 .............. 25 00
July 28 ............. 25 00
Sept. 23 ............. 35 00
Apr. 2, ’99........... 30 00
July 1, ’99........... 30 00
Defendant answered, denying there was anything due on the claim, setting up certain payments which had not been allowed as credits, and also claiming a credit for the proceeds of a policy of insurance which decedent had taken out' on his life, in which his parents were named as beneficiaries, and the proceeds of which were "paid to his mother, the plaintiff herein; his father, J. C. Allen, having died in
III. Some questions are raised with relation to the evidence offered to establish credits, but, in view of our construction of the contract, it is unnecessary that we determine them.
For tbe reasons given, tbe judgment is reversed.