116 Iowa 331 | Iowa | 1902
Naturally, the first question for our consideration is as to the effect of the written instrument through which Jennie Eaish claims to have obtained title to all of this property. We set it out in full:
1 “Whereas, my wife, Jennie Tuttle, has been equally instrumental in the accumulation of our property with myself, and from time to time assisting me with money of her own individually, therefore, in the event of my death without children, after all our just debts and my funeral expenses are paid, and one hundred and fifty dollars for a monument at my mother’s grave, I, Milo E. Tuttle, of Clinton, Iowa, do hereby make and constitute my wife, Jennie Tuttle, the sole owner in her own right (without regard to my next of kin) of all our property, whether real or personal, or wherever situated, that we may be possessed of, „and I hereby invest her with full powers and rights to receive, receipt for, sell, dispose of, and give title to as valid as if done by both of us in my lifetime. Witness my hand and seal this March 1st, 1884, at Clinton, Iowa.. Milo E. Tuttle. (L. S.) Geo. Haywood, Witness.
“State of Iowa, Clinton County — ss.: On the 1st day of March, 1884, by request of Milo E. Tuttle, I witnessed the execution of the within instrument, and he acknowledged it ,to be his free act and done for the purposes therein expressed. Witness my hand and notarial seal day and year last written. [Seal.] George Haywood, Notary Publid.”
On the tenth day of December, 1896, George Haywood, notary public, made an amended acknowledgment, or certifi
“State of Iowa, Clinton county — ss.: To Whom This may Come: Be'it known that I, George Haywood, notary public in and for Clinton county, Iowa, certify that Milo R. Tuttle, to me well known, did on the 1st day of March, 1884, request me to make a full conveyance in writing of his wish and desire, and ordered that for and in consideration that his wife, Jennie Tuttle, by her own exertions had accumulated the most of what they possessed,. he in justice (having no children) assigned, transferred, and set over and conveyed to his wife, Jennie Tuttle, all his rights, titles, and ownership of and in and to all property, both real and personal, that they owned or should thereafter acquire, or wherever situated, she, Jennie Tuttle, to have and to hold in her own individual right without hindrance of any next kin all of which I done by his request in both his and his wife’s presence, and without her expressing a wish for him to do; and I witnessed his subscribing thereto, also took his acknowledgment as a notary public of its being his full, free and voluntary act and deed; and furthermore, he, the same identical Milo R. Tuttle, did on or about the 15th day of April, 1896 (after a lapse of twelve years), call and to see me at Clinton, Iowa, and spoke to me of his financial situation, and said that whatever they had was mostly made by his wife’s hard work, economy, and that it was justly and rightfully hers, and that he was glad that everything had been made over to her so that she held the full right to all that he possessed. Witness my hand, George Haywood, still being a notary public this December 10th, 1896, ‘Clinton, Iowa.”
III. The decree of the trial court expressly reserved to Jennie Naish any claim she might have against the estate of her deceased husband for money loaned him.
Our conclusion on the whole case is that the decree entered is in all respects correct, and it is aebirmed.