195 Iowa 1402 | Iowa | 1923
The defendant is the plaintiff’s married daughter, and is his only child. Prior to the controversy herein involved, their relations had always been of the most affectionate and confiding character. Elizabeth Willshaw, the wife of plaintiff and the mother of defendant, died in April, 1920. Up to the time of her death,, she was the fee owner of the homestead, which is referred to in this record as the Buchanan Street property. She was also the owner of a certain property described in the record as the Brereton property. The plaintiff was the owner of a property known as the Logan Street property. About the year 1919, the husband and wife had each executed a deed to the other, as grantees of their respective properties. The two deeds were placed in the hands of the daughter, with written instructions to hold the same until the death of one of the parents, and thereafter to deliver such deeds to the surviving spouse. The deed from Elizabeth Willshaw to William Willshaw covered the homestead property on Buchanan Street; that of William Willshaw to Elizabeth Willshaw covered the Logan Street property. By virtue of this arrangement, William Willshaw became the fee owner of the homestead at the time of the death of his wife. No disposition was made by Mrs. Willshaw