The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1926-02-20

Mountrail County, N. Dak., Hon. Jno.
C. Lowe, Judge.
Affirmed. Opinion of the Court
by johnson, y.
Geo. F. .Shafer, Attorney General.
Bismarck, N. D. and G. N. Getting
ham, Stanley, N. d., States Attor-
ney, Attorneys for Plaintiff and Re-
spondcnt.
+. +. Wyckoff, Stanley, N. D., At
torney for Defendant and Appellant.
From Cass County
Nan W. Bailey,
Laura Bailey, Individually and
rs executrix of the estate of
Appellant.
Syllabus:
| /. The word ssproperty'' includes
property real and personal, and
when divorce is granted the court
has jurisdiction over all the prope rty
of the parties, both real and personal,
and may distribute the same as may
seem just and proper. q
2. The plaintiff and defendant in
a divorce action agreed on a division
of their property. The court on
granting divorcesto the plaintiff
adopted and approved the agreement,
and at the special instance and re-
quest Of the parties included such
agreement, in the findings of fact,
conclusions, of Law, and.final decree.
By the terms Of said agreement, the
plaintiff wass given the !. homestead
and the defendant WIS to pay all in
cumb RANGES thereon, and as security
therefor. the plaintiff was to have
first lien on certain rugs, and 9TH
er. personal property specifically de-
scribed. Held that the court had
jurisdiction to include in the find
ings of fact and conclusions Of law,
and final decree, the said agreement
Of the PARTIES and the inclusion Of
said agreement in the final decree
with specific description Of the
property upon which the plaintiff
was to have the lien, and the filing
Of the same in the office Of the clerk
of court and the office Of the regis
ter Of deeds, gave to the plaintiff a
good and valid lien for the payment
Of membranes against the home.
stead. /.
8. The words exist and until are
usually words Of limitation but such
construction yields to- the manifest
intention Of the parties and under
the general rules and statutes of
this state governing the interpreta-
tions sof contracts the agreement be.
tween the parties, the. findings Of
fact and conclusions of law and de-
cree must be considered, and taken
together SO as to give effect to every
part, if reasonably practicable, each
~ hal NH int 4vnk a. n~
4. The construction that the par
ties themselves placed upon the con-
tract may be resorted to to deter
mine their intention.
5. The decree in the divorce &C.
tion and the lien created thereby
was binding upon Frederick H. Bal
ley, the defendant in the. divorce ac-
ton. and upon his estate. The de-
/ PENDANT in the case ut bar, Laura
Bailey, his personal representative,
has no greater rights over the prop
erty covered by the lien that Fred
rick H.. Bailey would have if he were
living. Any individual rights the de-
PENDANT, Laura Bailey, may have to
said property, comes through Fred
rick H. Bailey, and are subject 10 the
lien.
Appeal from the District Court of
Cass County, Hon.. Chas. NJ. Cooley,
Judge
Affirmed. Opinion of the Court by
Burke, ].
Shure & Murphy, Fargo, North Da-
kota. Attorneys for Appellant.
Richardson, Green e Wattam
Fargo, North Dakota, Attorneys for
Respondent.
Elizabeth W.. TalCott.
Plaintiff and Respondent.
Laura Bailey. individually and
as Executrix Of the estate of
Frederick H. Bailey, Deceased.
Defendant and Appellant.
!. ''Foilowiag Finn ~. walah, Is
N. ID. 81, al21l N. w. 76G; Bank v.
Smith, IS N. q. 22l, f62, N. W.. 500 and
Marifjeron ". Earup, s(NJD) 1899 N. w.
l81, and '.pursuant to Section S7l0, C.
L. 1918, tits held, that =, policy of
life insurance, payable to the estate
| or the executors. s,administrators,4 or
assigns of,.the insured. iss deemed to
be payable to the heirs Of tho insur-
ed. and that such heirs take the
ayails. thereof by contract and act by
descent.
g. Where the insured, whose pol
icies are payable as indicated in the
preceding paragraph, makes a will
and disposes of his estate" or his
property" it is held. for reasons
stated in the opinion, 7that the pro-
ceeds Of the policies are wholly un-
affected by the will.
Appeal from the District Court Of
cass County, Hon. Chas. NJ. Cooley.
Judge. s.5.ss;..,@ @
Affirmed. Opinion Of the Court
by Johnson, ]. n =,
Shure 4 Murphy, Fargo. N. D., At
torneys for Defendant and Appellant.
Batnett 4 Richardson, Fargo, N.
D.. Attorneys for Plaintiff and Re-
spondent.