94 Iowa 641 | Iowa | 1895
The petition alleges in substance, that on or about November 1, 1889, one W. C. Moody died testate in Calhoun county, Iowa, seized of certain real estate, a particular description of which it is unnecessary to set out; that his will was duly admitted to probate in the district court of Calhoun county, Iowa; that the deceased, after making certain specific bequests* devised and 'bequeathed the remainder of his estate to his five children, share and share alike, viz: W..C. Moody, Jr., Corinth Hogg, nee M'oody, Sarah J. Glover, Lucretia M. Minear, and Lucy Emma De Moss; that on April 28,1891, W. C. Moody, Jr., conveyed his interest in the estate to his wife, Sarah Bell Moody, and that plaintiffs and defendants Corinth Hogg, Sarah Bell Moody, and Sarah J. Glover are each entitled to an undivided one-fifth interest in and to the real estate of which the testator died seized, except one lot, which was specifically devised to Corinth Hogg; that by the terms of the will the one-fifth interest of plaintiff Lucy Emma DeMoss, was to be held by the executors named in trust for her support and comfort; that defendant Peter Turner claims some interest in and to two lots owned by the deceased, but that Ms claim is of no validity, and is a cloud upon the title, and should be canceled of record. It is further alleged that the parties cannot agree upon an equitable division of the land, and partition is asked, and a decree quieting the title as against Peter Turner. A copy of the will is attached to the petition, and an abstract of title accompanies it. Defendants Corinth Hogg and Sarah J. Glover answered the petition. One Sarah Gordon filed a petition of intervention, and defendants Sarah Bell Moody, W. C. Moody, and Peter Turner filed separate equitable demurrers to the petition. The demurrers' were submitted to thle court, and
Again, the fact that the year for filing claims had not expired, and that the widow had not made her election, was pleaded in answer, and proofs were taken upon the issues presented. In the case at bar it is .alleged that the deceased died om November 1, -1889,