80 Iowa 394 | Iowa | 1890
— I. M. Holderbaum died June 24, 1879, ■seized of eleven hundred and twenty acres of land in Madison county, subject to certain mortgage incumbrances thereon. He left Rachel Holderbaum, his widow, and Eliza Schlarb, M. S., S. H., Henry D., Sophia, Lucinda and' A. C. Holderbaum, his children, and two grandchildren, Henry A. and David Hochstetler, his heirs at law, surviving him. M. Holderbaum left a will, which was duly probated, November 10, 1879, wherein he provided for the sale of lands other than “ the home place ” to pay incumbrances. The will also provided that “the home place, containing one hundred and sixty acres,” together with two teams and certain farming utensils, should remain in the possession and control of his wife, Rachel, “for the use of the family as a home, and for their support, any overplus remaining to be used in the payment of indebtedness.” It also provides that the widow shall have one-third of all that remains after the payment of debts, “unless said sum should be less in amount than the said home.stead; then and in that case it is my will that she hold
Our conclusions are that the decree of the district court should be affirmed upon appeal of Eliza Schlarb and those joining with her, and should be modified on the appeal of Shriver, administrator, and Josiah Hochstetler, so as to require the sale of the homestead forty, if necessary, after first exhausting the other lands.
Affirmed.