Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1908-09-09
MlINcH. CASE DECIDED.

Atiinch case which was tried in the
district court here at the April term
and aroused considerable interest:
The plaintiff, as surviving widow
of Adam Miinch seeks to recover the
one third dover interest in certain
l,nds claimed by the defendants,
Jacob M. Miinch and George NIiinch
under two unconditional warranty
deeds dated June 10th, 1905, signed
by plaintiff and her husband and de-
posted by the husband with one
Strong to be held until after the
death Of the grantors.
These conveyances covered about
four hundred acres of land worth
twenty eight to thirty thousand dol
lars, which was all the real estate
owned by either of the grantors ex-
cept a house and lots in Greeley.
Eight days after the date of the
deeds plaintiffs husband made a
will in which he attempted to make
certain provisions for the plaintiff in
lieu of dover and certain charges
against the land in favor Of his
daughters and attempted to devise
portion of the land to Jacobs child.
rem, or if Jacob died childless to the
testator's legal heirs.
With reference to this will 1t is
sufficient to say that If the; deeds
above mentioned were valid and there
was a legal delivery, the making OF
the will subsequently could not at.
feet them nor change the title nor
ilaposes any conditions in favor OF
the plaintiff or the testator's daugh,
ters.
The rights of the parties must be
determined without reference to the
will and based solely on the validity
of the transfers by the deeds.
Much testimony has been intro
duced and arguments showing care
full research have been presented b,
both sides of this controversy as tt
the validity or invalidity of the con
vcyances on various grounds, tn,
principal points urged relating to the
competency of each of the. grantor'
and the delivery Of the deeds.
The deeds were undoubtedly draw
in pursuance of previous intention
or understanding of some sort tina
the sons were to receive the bull
of the property, but there was nj
money consideration passed at tn
time the deeds were made, and tn
conyeyances partook to some exten
of the nature of gifts.
The sons had no knowledge of tn
making Of the deeds at the tim
Trey were drawn. The evidence wal
rants the conclusion that Adar
Miinch was competent to execut
such conyeyances, and that the dc
post of the deeds by him with Stror
amounted to sufficient delivery an
rendered the transaction irreyocabl
So far as he was concerned. Their
can be no question that he misur
derstood the legal effect of his act
and it is evident that the Notary
Strong, was not competent lega
adviser, but such mistakes of la,
could not avoid these conveyances
| AS to the plaintiff an entirely dill
| forent proposition is presented
/ Whether she was mentally competen
to enter into contract, or make
gift, or relinquish her dover right.
is matter of serious dispute in. tn
Testimony. On the question of dt
livery by her the record is silen
as to any word or act on her par
indicating desire to deposit tn
deeds with Strong for future deli,
cry, or of knowledge by her tina
such a deposit was made or. intende
| by her husband.
The inchoate right which she the
possessed would ripen and become
fixed and vested right at the deaf
OF her husband.
III tAAS AoSO VI CAS pdpClS IN
linquished that right, and if it was
valid REIMBURSEMENT, she took nothir
whatever in this land at her hu.
bands death, and the grantees in tn
deeds took the real estate, at til
death of Adam Miinch without an
conditions or reservations as to us
or rental in favor of the plaintiff
notwithstanding her husbands we
meant but ineffective efforts to max
provision for her in his will
If there were no other, this cor
sideration alone, under the salutar
and satisfactory rule long sine
adopted by our supreme court woul
compel this court of equity to resolv
every doubt as to competency and a
to delivery. in favor of this paren
and against her children who ar
claiming under these deeds.
| Any other finding carried to 1t
logical and legal conclusion would OF
crate to deprive this plaintiff of tn
property accumulated by her husban
and herself and leave her PRACTICAL
4 dependent upon her children for sur
port in that period of her life whel
the possession of a little property i
of great assistance in rendering tn
!, idiosyncrasies of old age more bear
able to the heirs at law.
i Probably any one of these children
and they all appear to be able AM
willing to do SO, would take excel
lent and proper care of the plaintiff
but that fact cannot be taken as
reason for depriving her of the right
and property belonging to her.
The plaintiff will be decreed to b,
entitled to one third of the real es
tate described in the deeds to Jacol
NJ. AIiinch and George Miinch, as he
dover.
A. S. Blair, R. R. Robinson and H
c. Haeberle are appointed as refer