
    Dobson et al. v. Dobson et al.
    
    Descent: failure of issue : will. Where a testator, dying without issue, devised all Of his real estate to his widow during her natural life, it was held that she could not claim a distributive share under section 2495 of the Revision, that section having application only in cases where the decedent died intestate as well ^.s without issue.
    
      Appeal from General Term, Eighth Judicial District (Diem County).
    
    Friday, December 23.
    In 1859, Robert Dobson being seized in fee of the N. W. 1-4 of section 21, township 85, N. of range 8 west, died testate and without issue, leaving surviving him his widow, Margaret Dobson, and brothers and sisters, plaintiffs and defendants in this action.
    Said Bobert bequeathed to his widow the whole of his real estate, being the property above named, during the term of her natural life.
    July 13, 1868, Margaret Dobson died without issue. March, 1869, plaintiff filed in the Linn circuit court a petition for partition of the lands aforenamed, claiming an interest therein as brother and heir of Robert Dobson.
    On the 16th day of April, 1869, appellants filed in said court a petition of intervention, claiming an interest in said property as the brothers and sisters, and heirs of Margaret Dobson. Plaintiff demurred to this petition, upon the ground that, ‘ ‘ from the facts stated in said petition of intervention, the said intervenors have no interest in the land sought to be partitioned in this suit.”
    Demurrer sustained. Judgment affirmed in general term, to reverse which this appeal is prosecuted.
    
      I. M. Preston <& Son for the appellants.
    
      Lothian cfe Mitchell for the appellees.
   Day, J.

The position of the intervenors is that, as Robert Dobson died without issue, his widow, Margaret, took by inheritance one-half of the real estate of which he died seized.

Their claim is based upon section '2, chap. 63, laws of seventh general assembly (Rev., § 2495), which was in force at the time of Robert’s death. That section is as follows: If the intestate leave no issue, the one-half of his estate shall go to his parents and the othpr half to his wife; if he leave no wife, the portion which would have gone to her shall go to his parents.”

Said section confers no rights upon the intervenors. It provides the rule for the distribution of the estate of an intestate. As Robert Dobson disposed of his entire estate by will, this case does not fall within its provisions. Vide Clark v. Griffith, 4 Iowa, 409,

Nor are the intervenors aided by the view that the will contains no provisions inconsistent with Margaret’s right of dower, for at the time of Robert’s death the dower interest was but a life estate. It follows that at the death of Margaret her estate determined, that the intervenors inherited from her no rights, and that the demurrer was properly sustained.

Affirmed.  