87 Iowa 268 | Iowa | 1893
We first notice the appeal by Matilda Peet.
It will be well to first determine the legal import of the contract upon its face. The contract first fixes the right of the respective parties to the property belonging to each, both real and personal, “during their marriage,” and gives to each absolute control, including management and disposition. The wife, in consideration of the benefits which she derives from this right to manage and dispose of her property, agrees to surrender her right to dower or homestead “in or to any property which should belong to the estate” of her husband. The husband, in consideration of the promises of the wife to surrender dower and homestead, agrees to secure to her out of his estate the interest on three thousand dollars, after his decease, during her widowhood. Under this language of the contract, what are we justified in believing the parties meant by the term “dpwer?” It is undoubtedly true that persons unlearned in the law often speak and think of dower as being the entire interest of the wife in her husband’s estate, or, 'at least, .the interests known under our law as the “distributive shares.” If by this contract there was a surrender of dower merely, there would be much to impress us with a belief that these parties, 'in signing the instrument, intended the word “dower” to embrace the wife’s entire interest, for the language “in or to any property which shall belong to the estate” is quite comprehensive, and is very apt language for such a purpose by those having the erroneous view of the meaning of the word “dower.” If we drop from the contract the words “dower or,” we
Some testimony was taken in aid of the construction of the contract, but much of it is entirely incompetent or immaterial. After divesting the record of the improper evidence, nothing remains of sufficient forcé to override the construction required by the language employed in the contract. We said in Re Peet’s Estate, supra, in construing this same contract, that “it must be understood that contracts designed to divest the wife of the benefits of the statutes in her favor, after the death of her husband, * * * must not be of doubtful interpretation, but specific and certain as to such intent.” Our conclusion at that time accords with that view. Since the submission of this
Our conclusions are that on the appeal of William Gr. Peet the case should be reversed; the appeal of the plaintiff should be treated as abandoned; and on the appeal of Matilda Peet the judgment is modified and AFFIRMED.