148 Iowa 18 | Iowa | 1910
Since the entering of the decree below, the above named plaintiff has died, and her administrator has been substituted as a party plaintiff. As the record is made, it will be more convenient for us to refer to the original plaintiff in our discussion of the case and to take no note of the substitution. The plaintiff was the widow of Adam Miinch, who died October 25, 1906. Prior to June 16, 1905, be was the owner of two farms in Delaware county. One of these farms was known as the home farm in Elk township, and consisted of two hundred and sixty-six acres. The other was known as the Coffin Grove farm, and consisted of one hundred and thirty-three acres. He bad two sons and two daughters, Jacob, Mary, George and Elora. On June 16, 1905, be procured a notary to prepare two deeds, both of which were executed by himself and wife on that day. One deed purported to convey tbe Coffin Grove farm of one hundred and thirty-three acres to tbe son George, and tbe other purported to convey tbe home farm of two hundred and sixty-six acres to the son Jacob. They were placed in tbe bands of tbe notary with directions to deliver tbe same to tbe grantees, respectively, after tbe death of the grantors. Some days later, be directed tbe notary to make formal delivery of tbe deeds to tbe grantees during bis lifetime in order to avoid any question of their legality, and to receive them back from tbe grantees and to bold them in trust during tbe lifetime of tbe grantors, and these instructions were followed by tbe notary. Tbe plaintiff as widow brought this action to set aside such deeds and to establish ber dower in tbe real estate in question, and made ber four children parties’ defendant. The two daughters joined with ber in ber contention, and tbe only parties defending are tbe sons, wbo are tbe grantees in such deeds. Tbe deeds are attacked upon three grounds, viz.: (1) That they were never delivered; (2) that they were
That the consideration of the deeds rested in these facts which we have narrated in its principal substance is very clear. Whether there was other consideration to be
This controversy had its inception among the children.
It is our conclusion, therefore, that the deeds must be upheld as valid, and that the decree below must be reversed.