Please cite to the original publication
A recent Iowa case raises interesting questions as to the construction of a will. The testator provided in his will that, on his death, his executors shoull convert all his property, both real and personal, into money, pay his debts and give to his wife one third of the residue. The remainder was to be distributed equally among his children. At the time of the execution of the will testator's principal property consisted of farm and city realty. Subsequently, he and his wife sold the farm land, but not the city property. The wife died first. Within a few months testator died without having altered the will. The testator's children insisted that the devise to the wife had lapsed, but a child of the wife by a former marriage, a stranger to testator's blood, claimed his mother's share under the Iowa Code.
Date of Authorship for this Version
From What Time Does a Will Speak?, 1 Dakota Law Review 83 (1927)