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plaintiffdefendantprecedenttrialwill
plaintifflitigationprecedentwill

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Moore v. McKinley, 246 Iowa 734, 69 N.W.2d 73

Facts

James W. Porter executed a will in 1910, bequeathing land to his daughter Clara V. McKinley for life, with the remainder to her son James W. McKinley. After Clara's death, a dispute arose regarding the nature of the remainder interest. The plaintiff contended that she inherited the land as a vested remainder, while the defendants argued it was contingent. Clara had executed a quitclaim deed to the land in 1930, which became central to the case. The trial court found that the quitclaim deed effectively transferred the title to the plaintiff.

The provisions of the will, principally involved in this litigation, are the following, in substance: ‘Par. 13. I give, devise, and bequeath to my daughter, Clara V. McKinley, for and during her natural life…’

Issue

Did the quitclaim deed from James W. McKinley to Clara V. McKinley convey a vested fee simple estate in the land to Clara, and did the title pass to the plaintiff under Clara's will?

Did the quitclaim deed, of James W. McKinley and wife, of said land to Clara V. McKinley convey to her said vested fee simple estate in remainder therein?

Rule

A remainder is vested when it is limited to an ascertained person with no further condition imposed upon the taking effect in possession than the determination of the precedent estate.

A remainder is vested when it is limited to an ascertained person or persons with no further condition imposed upon the taking effect in possession than the determination of the precedent estate.

Analysis

The court analyzed the will of James W. Porter and determined that the language used indicated a vested remainder to James W. McKinley, which was not contingent upon his survival of the life tenant. The quitclaim deed executed by James W. McKinley to Clara V. McKinley was found to convey the vested fee simple estate in the land, thus allowing the title to pass to the plaintiff under Clara's will.

The court analyzed the will of James W. Porter and determined that the language used indicated a vested remainder to James W. McKinley, which was not contingent upon his survival of the life tenant.

Conclusion

The Iowa Supreme Court affirmed the lower court's decision, quieting title in favor of the plaintiff as the absolute owner of the land.

The Iowa Supreme Court affirmed the lower court's decision, quieting title in favor of the plaintiff as the absolute owner of the land.

Who won?

Plaintiff, Nellie McKinley Moore, prevailed because the court found that the quitclaim deed conveyed a vested fee simple estate to her mother, Clara, and that the title passed to her under Clara's will.

Plaintiff, Nellie McKinley Moore, prevailed because the court found that the quitclaim deed conveyed a vested fee simple estate to her mother, Clara, and that the title passed to her under Clara's will.

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