179 Iowa 629 | Iowa | 1917
It is contended for the appellants that they made no representations to her and that they did not advise her, and that she knew as much about the contents of the will ad they did. There is no doubt that she knew the contents of the will in a general way. She was present when the will was made and knew its contents at that time. It was read over to her later by the executor, and the contents explained in the German language. She did not, however, know the legal effect of the will so far as the effect of such mortgage lien was concerned. In the devise of the property to her, the mortgage itself was not mentioned. The question was undoubtedly a subject of conversation between the parties. There is no doubt, under the evidence, that the widow believed that the son was to pay all the debts. Nor is there much doubt that the son himself and the executor believed at one time that such was the effect of the will, and that they expressed that belief to the widow. The-widow had no adviser except the executor. Reduced to its lowest terms, the situation is that, as a result of her negotiations with the son and the executor, she believed that the son was to pay and was intending to pay the mortgage upon the farm devised to her, and they knew that she so believed. If the executor and son believed likewise,' and knew that she was making her election in such belief, then it was a
The parties have not changed their position to their injury by reason of such election. The rights of third parties are not involved. Some property had been sold by the executor for the purpose of paying debts. These purchasers are not affected by the order of the court. The Avidow had constructed a garage upon certain lots which had been devised to her. This is á comparatively small matter, which can readily be cared for equitably in the distribution of the estate. The case is one in which Ave are disposed here to attach considerable weight to the conclusions- of the trial court, and this is especially so as to questions of fact and matters of discretion. We see no ground, upon the record, to interfere. The order of the trial court is therefore— Affirmed.