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In re Barrie’s Estate

Iowa Supreme Court
35 N.W.2d 658 (1949)


Facts

In 1924, Mary Barrie, a resident of Sterling, Illinois, duly executed a will in Illinois under which her property, which included 160 acres of land in Iowa, was to be distributed to the First Presbyterian Church of Sterling (First Presbyterian) (plaintiff) and three other beneficiaries. When Barrie died in 1944, the will was found with the word “void” written across its face, its cover, and the envelope in which it was enclosed. The Illinois Supreme Court refused to admit the will into probate on the grounds that it had been revoked under Illinois law. Barrie’s Illinois property was therefore distributed in accordance with Illinois law on intestate distribution. First Presbyterian then sought to have the will admitted into probate in Iowa. Heirs of Barrie (defendants) objected on the grounds that the Illinois determination as to the will’s revocation was binding on Iowa. An Iowa court agreed and therefore overruled First Presbyterian’s motion to strike the heirs’ objections. First Presbyterian appealed to the Iowa Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Hays, J.)

Dissent

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