143 Iowa 107 | Iowa | 1909
In the year 1900 Jacob Wackershauser, the father of the three plaintiffs and of defendants Samuel A. and Chas. W. Wackershauser, died seised in fee simple of a quarter section of land in Boone County which is the subject-matter of the present suit. His wife, Catherine Wackershauser, survived him and became owner of an undivided one-third interest in said land; each of the children above named becoming owner of a one-fifth interest in the remaining two-thirds. The interests of the other heirs in this undivided two-thirds share passed by purchase into the ownership of defendants Samuel A. Wackershauser and his wife, Stella. Subsequently, on the 20th of September, 1905, the surviving widow, Catherine Wackershauser, died, and plaintiffs contend that each inherited from her as heir an interest to the extent of one-fifteenth in the land. Defendant Samuel A. Wackershauser asserts ownership to the entire interest of the widow under a quitclaim deed executed in her behalf during her lifetime by R. D. Royster, her attorney in fact.
Samuel A. Wackershauser has parted with nothing in reliance on this conveyance. On its face it appears to have been executed without valuable consideration. Koyster testifies that the real consideration for the conveyance was that the grantee was to take care of his
The decree finding and determining the interests of the plaintiffs and defendants respectively in the property in controversy is affirmed.