The Leon reporter. (Leon, Iowa) 1887-1930, 1917-04-19
GARDNER Will STANDS
Opinion Of the Supreme Court In
Affirming Decision of Judge
Maxwell In District Court.

Owing to the fact that many fact'
found in the opinion of the Iowa su
preme Court, in the case of G.. S
Guilford, as guardian of Carrie Gull
ford Gardner, and Stephen Varga, az
administrator of the estate OF CHARLES
2; Gardner, deceased, vs.. A1 liner
as administrators of the estate Of R
d. Gardner, deceased, we herewith
print the opinion in full. The opin'
Jon was written by Justice Weaver
being concurred in by Justices Cay
nor, Preston and Salinger. rms
case was tried before Hon. T. L.
Maxwell in the district court OF ge'
PENDANTS. ana this decision is affirm,
ed by the Supreme Court:
Weaver. J.-R. D, Gardner was a
practicing physician residing in the
Town of Leon, Iowa, for many years.
At the time of his death he was the
owner OF over 1900 acres OF land IN
properties in Leon and was also pos
sessed of some personal property in
GLIDING moneys and credits to the
value Of over $4,000. He died tes-
tate in the year 1912 leaving surVlV-
ing him .his wife, Almena EliZabeth
Gardner, and one child. a son, Chas.
E. Gardner. The material provisions
parts) are as follows:
Second. | will, beouea;n and de-
Elizabeth Gardner, the following
real estate, t,-w;t: Lot Number one
U). in Block No. five '5l,. in Rlch-
;.rdson's addition to Leon, Iowa, TIE
same being the homestead no" 0c-
beaueath, devise and give unto her.
my beloved wife. one-half in value oi
ali the real estate and erional prop
erty, including moneys ana Creu!tS
of every kind and description or
which i may die seized, saving ana
excepting the. house and lot hereln-
after bequeathed and devised to my
beloved son, Charles Edgar Gardner.
Third. l will, bequeath and devise
to my beloved son, Charles Edgar
Gardner the following real estate, TO-
wit: Lot No. two GU, in block NO.
five 60, In Richardson's, addition TO
Leon, the same being the properly
now occupied by him as homestead:
] also give, devise and bequeath unto
nv beloved son one-half in value OF
ali the real estate and personal prop
erty. including moneys and credits OF
every kind and description, OF when
l may die seized saving and except
ing the house and lot herelnpeiore
devised 10 My beloved wife. PROVO
ed, however, the portion OF my estate
willed, devised and bequeathed to
my beloved son, Charles Edgar CARD,
ncr, is on condition, that if he should
die without issue, living, then the
portion of MY estate devised ana pc
queathed u him shall revert and so
to my beloved wife, Almena Eliza
beth Gardner.
of
nv beloved wife and son cannot
! agree upon a division Of the proper
| ty of which | may die seized, then
+ it is nv will and wish that each snail
select good man to make dlVlSlon
of my estate between my said below
ed wife and son, the two SO selected
shall select third person , Wno sha of
property, but the persons so selected
to make such division Of my estate,
as herein directed, shall before en-
! tering upon their duties go, before
the Clerk of the Court and take oath
to discharge their duties as such
referees to the best Of their knoWl-
edge and understanding.
7 Fifth. Having full faith and con-
fidence in my beloved wife, Almenaa
Elizabeth Gardner, and my beloved
son, Charles Edgar Gardner, 1t is my
will that they act as executrlX ana
executor of my last will and that
! they 50 act without giving bond or
taking out papers OF admlnlstIatioh !; !;
Tor being put to any expense save ana
excepting the probating OF this my
last will and testament.
In Witness Whereof, ! have here
unto signed my name this 9th day
- '>0 0i r. D. Gardner.
Witnesses: Frank Gardner,
81 lr,nf
Codcil-That after due consider
alton i have concluded to have my
Administrators and administrator
give bail for the faithful perform
ance of their duties and take out let
. . ~ ~ R. D. Gardner
Prior to the date Of this will the
fled Carrie uuilford. The esidence
ends to show that the relations be
ween the testator and his sons wife
we're not altogether harmonious or
pleasant, the testatOr being inclined
10 the view that the daughter-in- law
Vas extravagant and wastetu!. Inc
ION outlived his father and died in
915, survived by his wife, Carrie
uilford Gardner. Some years be-
ore the death of the testator Carrie
uilford Gardner became OF unsound
hind and has never recovered there
rom. Shortly before the sons dea tn
written contract was entered into
etween him and his mother, Alrena
Elizabeth Gardner. AS this writing
in some respects obscure and an
bbreviated statement of its general
fleet is somewhat difficult we extend
lis statement for it's quotation IN
Ill. as follows:
AGREEMENT OF SETTLEMENT
Know All Men by These Presents,
hat, Whereas, one r. d. Gardner.
ashland of the undersigned, A. b.
hrdner, and father OF. the, under
gned, c. E: Gardner, they being MS
lie and only heirs at law and leg
lees, did on the 9Th day Of Novem-
II, 1885, make and execute his last
al and testament, t giving i to- the ne
lie in block five, Richardson's addi-
In to the town of Leon, Iowa. the
hle being their homestead. and the
[divided one-half in value Of all
q real estate and personal property
Guiding moneys and credits OF CIV