81 Iowa 701 | Iowa | 1891
I. Tbe estate of the testator was largely indebted. One claim, held by H. H. Trimble, was secured by mortgage on certain lands. By the decree of the court below, the proceeds of the sale of the lands are to be appropriated to the payment of the mortgage, and one-third of any balance is to be paid to plaintiff upon her dower interest. No objection is made by any of the parties to this provision of the decree. It, therefore, demands no attention.
III. Certain lands of the estate were unincumbered. The decree directs that they be sold, and one-tliird of the proceeds first applied to the widow’s claim for dower. No objection is made to this provision of the decree.
I'V. The will is in the following language:
“Johst H. Rawlings.
“Addition. I want the stock kept in by James R. Cary, and he to cultivate the home farm ; Zeralda, my wife, and he and his family to constitute a family, and
“John H. Rawlings.”
The first item of the will is not a subject of dispute, and need not be considered. We are to determine what property is disposed of by the second item. The second item is in this language: “I want all stock to stay on all my farms, and, as fast as can be sold to an advantage, to be sold, and be paid on my debts. When my debts is paid, the remainder to my wife, Zeralda Raw-lings, her lifetime, and at her death it shall be equally divided between Ann Elizabeth Kery and James R. Kery.” It is evident that this provision devises and bequeaths whatever-property it authorizes to be sold. A relative pronoun, or its equivalent, before the words “can be sold” would have made the meaning plain. We are authorized to supply such words in order to determine the true meaning of the sentence. Such pronoun or words should refer to and indicate the word “farms,” as one of the subjects of the verbs “can be sold” and “to be sold.” The word “farms,” as well as “stock,” doubtless, was intended by the testator to be the subjects of the sentence, though probably that may not be inferred from the words of the sentence alone. But that he intended to direct the sale of the farms for the payment of his debts cannot be doubted, in view of the fact that his debts amounted to seventy-five hundred dollars, and his whole personal estate is estimated at thirty-five hundred dollars. What was the value of the personal estate, other than the stock, does not appear, but it is to be inferred that it did not equal the sum named, for it appears that some other personal property belonged to the estate. But, if it be assumed
These considerations lead us to the conclusion that the decree of the district court ought to be affirmed.