The Tipton advertiser. [volume] (Tipton, Cedar Co., Iowa) 1856-1962, 1862-06-12
The Decision of Jndg, Miller in the Hara.
acre Will Case.

jacob lIafdlCrc DiStFiet tpuit
|, vs OF
The County of Cedar Cedar county, De'em
and others. Der Term y. u. 1874
This is IN action of light for the rccov
ery Of certain real estate from the posses
sion Of The county of Cedar and State
of Iowa as trustee "The County of &C.
dar and State of Iowa." "Jacob Shavbel
and William Poteet. .a......
and Wil'Iam Potcet, Gle scpyra,c an.
swers
Tie answer Of the County, after deny
ing the plaintiffs title and right of pos
session, alleges that it hold. the legal IT,
tie to the property claimed, tina. i. is en-
titled to the possession of tile same under
and by virtue Of the provisions Of the
last will and testament of John Hard
acre, deceased.
Jacob Shawber diseiains title to the
land except that he, as tho agea. of the
county Of Cedar, has leased the premises
to William Poteet, and thas he derived
bis power so to do, through the action Of
the Board of Supervisors Of said county
"h~ WV 'o""'y Ju'S'.
William Poteet alleges tia: he ho'ds
possess ion of the rca! estate IN contYo-
vcrsy az the tenant OF the county of &C.
dar under and By virtue Of lease made
to him by Jacob Shawber, tbs duly au-
thorized agent of the county.
The p!aiutiff flies a demurrer to these
sevesal answers:
let. The first objection raised by TIE
demurrer is that "the bequest is 10 &c
dar county and there is no such person
or corporation in being capable of bold
lnE said real estate fer the purposes Of
said will"
Ihe second clause in the will is all FOL-
lows: Il give and begueath unto my
father, Mordicai uardacre, of the county
OF Montgomery, iii the State of Indiana,
al the balance CT ny real estate, consist
ing Of eighty acres ef prairie describing
IT. with all the appsrtenauces aud i'm
provements thereon, to have and TO hold
the same for his own benefit and behoof
with all the rents, issues, and profits
thereof, d"r'"g he nnI4ral iyt. and, az
ter h's death, Idesise and beyuch the said
, ",IYity acres u tend to C,dur county, IL
./or Me De"cht c/ tie poor Of said co~u,y
./oregcr.' "'y
by the third clause of the viii the tos.
tator gives, in like manner, to his fa,her
iorty acres Of timber land, describing, it
ana at his death the same 40 acres a.
s"ther with the eighty acres before DE-.
scrioed, lcW ana Jcqueah 10 the Door .,
the county, to BE- hcld IN trust fr tasm H.,
the co""[y Jw|ye, as aJore described. :
The will further directs as cyl!sws-
"lmmed'atoIy after my deceasc the said
county JUICE, by him, elf or an ason, f.
be appointed by him, shall take re session
OF the above described lauc aud h,ll tho
same IN trust tor my said father, paving
over to him all the revenues 4,rivej .r,,n
SA'I farm after FayinG expenses, /.
A. nay I,y &c proper to say that the an
s"er alleges that after the death Of the
tesfator, aud after the probate Of TIE will
nut before the briugin. Of thi, ao,;an
HIordtcA' !tardacrc died. No oues,;on
therefore, arises between lin aud the
county as to the % session.
The first question raised by the ,,.,,,nr
'sr Is as to the legal capacity of the truy.
tee NAMED in the will to tak4 ,ls g., =
the land Tho bequtst is to "C,d,rc can" "
ty to b. held in trust by the co,r,,
lndSs OF said county and hi, successo r,
u office, &c. ~NS"0' i
ny section 33 OF the Code Of 1851
' h'ch county, now or heseafter ory,n;z
a. Is body corporate for civil and BOLT.
'c'' purposes only" &c This ssrt;o,
does MT designate BY what pgrt;.n,.r
names the counties Of the State - o@r
p''a'!oN' 'aa'i be known The next 500
non t'f'eIs that the county Judge eff each
l'0n'y snail procure al for his cosn,r
"' -nStTIP'i"n on which shall b.. SEAL
'F TUE COUNTY Of - law.
manu- the couuty)' The sa,ne sec,;1,
'roT'ae9 that "the county seal is the ,o.,
,. ' i county court &c, /, is onIy Ly
np'!ca'''n that it can be argued the cor.
'oiate maine Of a county nn.t
The County Of -. I'r, 's Or IS
ons'ruiug devise, court. Viii III
ook at tAe Intention of the te.ta.or anI
that can be gathered, the will mnSt
e sustained Iowa ly3 y I "''' n Ia,
nd cases there cited En, -. "a 49,
,!ature has not specified BIZ WIZ w., nar -,
lar corporate name a conn, ,~' .t p'r''t-
aown, it seem, to me not rs.nn;;. Shal' be
"rsd,r -, ~ 'nIS case, b" designated