In re Barrie's Estate
Iowa Supreme Court
35 N.W.2d 658 (1949)
Relevant factsFree
Mary Barrie, an Illinois resident, executed a will in Illinois leaving property — including 160 acres in Iowa — to the First Presbyterian Church of Sterling (plaintiff) and others. After her death, the will was found marked "void," and the Illinois Supreme Court refused to probate it as revoked, so her Illinois property passed by intestacy. When First Presbyterian sought to probate the will in Iowa for the Iowa land, Barrie's heirs (defendants) argued Illinois's revocation determination was binding on Iowa, and an Iowa trial court agreed.
IssueFree
Whether a state in which real property is located is bound by another state's determination that a will distributing that property was revoked.