103 Iowa 232 | Iowa | 1897
To the petition as thus construed, the defendants demurred on six grounds, in substance as follows: (1) That the petition shows that Susan Proctor “did take and receive all the personal and real estate devised to her by the terms of said will, thereby consenting to take
YI. The court below found that the will gave to Mrs. Proctor a life estate only; that the same was not inconsistent with a right of dower in addition thereto; and that the heirs of Mrs. Proctor have the right to have her distributive share set apart to them; and that said share consisted' of one-third of the estate of Jonas Proctor. It was ordered that the ¡demurrer be overruled, and that one-third of the ¡estate of Jonas Proctor be admeasured and set apart ¡as part of the estate of Susan Proctor, and that N. H. Du Foe, administrator of Susan Proctor’s estate, credit himself with one-third of the personal property in the Jonas Proctor estate, and charge himself therewith in the Susan Proctor estate. Referees were appointed to admeasure said share in the real estate, and the costs were taxed against the defendants. While it is left somewhat obscure, we understand that Mr. Du Foe was appointed administrator de toms non of the estate- of Jonas Proctor, and administrator of the estate of Susan Proctor. This being true, the order of the court asi to the personal property effectuates just what the heirs of Susan. Proctor are entitled to; and the order for the admeasurement of their share out of the real estate is authorized by the conclusions we have reached. We think the complaints against the decree in these respects ¡are not well founded