125 Iowa 424 | Iowa | 1904
The last testament devised to certain grandchildren, heir's of Laura J. Boone, a deceased daughter —
All the right title and interest which I may own at my death in and to the N. W. quarter of the N. W. quarter of
. 1st. That none of said devisees shall be entitled to said property, until the youngest of said children, Lala, shall arrive at the age of .eighteen years, unless she sooner dies.
2nd. That the respective devisees shall have no right to or in said property aa long as there is any debts against the one entitled to the benefits of- above devise, and if there be such debts, then the share of tire one so indebted shall go to the others not indebted.
Item II. 'I appoint William Fry and Bruce Patterson to hold said property, until the parties above named are entitled thereto under the above provisions and they or their successors may sell said property, and convey the same without any order of court, and reinvest proceeds as they see best.
Item III. In case of death of said trustees the District Court of Johnson County, Iowa, may appoint their successor or successors, them to have all the power of first named trustee.
Item IV. I revoke any provisions of former will inconsistent with this.
Item V. I appoint Bruce Patterson and William Fry, executors of this will.
Signed Dec. 26th, 1898.
Testator was twice married. He was wedded to his second wife and present widow in the year 1818, and by her had eight children, each and all of whom survived him. Of these children, Frank was born after the first will was executed, and before the making of the codicil. Four (Earl, Leo, George, and Gerald) were bom after the making of the codicil, and before the execution of the last will, and one (Clifford) was born after the execution of the last will, but before testator’s death. The contentions made on this appeal are, first, that the last will revoked the former will and codicil, and second, that-the birth of children revoked each and all of them.
Section 3216 of the Code, before its recent amendment,
It may be well to observe that the law now under consideration was amended by the last Legislature, and that no such difficulties as we have here are likely to arise again. See Acts Thirtieth General Assembly, page 115, chapter 120.
Appellees’ contention that no one but these subsequently born children may take advantage of the revocation is fully met and decided adversely to them in Alden v. Johnson, 63 Iowa, 124.
For the reason pointed out, the judgment must be reversed, and the cause remanded for such orders as may be necessary to meet the views expressed in this opinion.Reversed.