47 Iowa 607 | Iowa | 1878
Appellees insist that if the provisions of the will be repugnant the last must prevail as expressing the subsecpient thought or purpose of the testator, eating 2 Parson’s on Contracts, p. 26; Sims v. Doughty, 5 Wis., 247; Covenhoven v. Shuler, 2 Paige Ch., 122; Johnson v. Mayne, 4 Iowa, 180. Whilst this principle doubtless applies usually, it cannot be allowed to overthrow the well settled doctrine of the cases above* referred to. The plaintiffs claim solely under the will, and not as the heirs of Sophia Gutz. They have no interest in the property, and cannot complain of any invalidity in the deed from Sophia Gutz to the defendants. It follows that it is not necessary, perhaps not proper, to inquire into the validity of that deed.
The petition of plaintiffs should have been dismissed.
Reversed.