183 Iowa 152 | Iowa | 1918
The presentation of this case is unduly obscured by a mass of records setting forth matters of a merely formal character, and involved in no dispute. If, however, we have succeeded in sifting the grain from the chaff, the material facts are about as follows: In the year 189S, Joel Doore and his son, Allen J. Doore, together owned a quarter section of land in Floyd County. Whether this ownership was in severalty or in common is not shown, nor is if very material to know. About the date named, they entered into a contract, which is spoken of as a partnership lease of the land to Allen W. Doore, the son of Allen J. By the terms of this agreement, the lessors furnished certain live stock and other property to be kept and used on the farm, and the profits arising from the joint enterprise were to be divided, in the proportion of one half to Allen W. Doore and one fourth each to Joel and Allen J. This arrangement and the relation of the several parties to the property so provided for were continued from year to year during the life of Joel Doore, who died testate in the year 1907. By his will, which was duly probated, he devised to his surviving wife, Sarah Doore, a life estate in all his property, after which, and the payment of a legacy of $200 each to two daughters, the entire residue was devised to Allen J.
Bearing, then, these admitted facts in mind, we may entertain some hope of understanding the following matters, more immediately connected with the controversy upon which we have to pass. In the matter of the estate of
Much is also said in argument of the peculiar merits of the claim filed against the estate of Sarah Doore by her daughter and granddaughter. But that claim is not before us for adjudication. It is not, nor could it properly be made, a claim -against the estate of Joel Doore. The service on which it is said to be based was rendered to Sarah Doore after the death of Joel, and, i,f rendered under circumstances entitling the claimants to compensation, it is compensation to be paid for from her estate, and not from the estate of her husband, who died long before the service was rendered.
Finally, we may notice the assertion in argument for the appellant that Sarah Doore was the victim of gross fraud and imposition at the hands of her son, Allen J. Doore, and of counsel representing him. This assault upon the integrity of the son and his counsel appears to be wholly gratuitous. There is nothing whatever in the printed record, from beginning to end, to justify it. There is no plead
We find no reversible error in the proceedings, and the order and judgment appealed from are — Affirmed.