# Helms v. Helten

> Supreme Court of Iowa · April 23, 1980 · 290 N.W.2d 876

URL: https://www.frixlaw.com/law-library/cases/9738650

## Case

- **Full name:** Algene M. HELMS, Individually, and as Administrator of the Estate of Carl M. Helms, and Carla A. Lamphere, Appellees, v. Anna M. HELTEN, Louise Cummings, Walter Cummings, Edward Helms and Henry Helms, Appellants, Edward Helms, Counterclaimant-Appellant
- **Court:** Supreme Court of Iowa
- **Decided:** April 23, 1980
- **Citations:** 290 N.W.2d 876; 1980 Iowa Sup. LEXIS 821
- **Precedential status:** Published
- **Opinion:** Concurrence by Uhlenhopp
- **Judges:** Uhlen-Hopp, McCormick
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9738650

## Opinion text

*885 UHLENHOPP, Justice
(concurring specially).
I think paragraph seven of the will purports to create an estate in fee simple determinable with a provision that on the happening of the stated event the land passes to specified persons. Restatement of Property § 44 and Comment o (1936). See Reichard v. Chicago, Burlington & Quincy Railroad Co., 231 Iowa 563, 568-74 , 1 N.W .2d 721, 728-29 (1942); Des Moines City Railway v. City of Des Moines, 183 Iowa 1261, 1267-71 , 159 N.W. 450 , 452-54 (1916), modified, 183 Iowa 1261 , 165 N.W. 398 (1918); R. Swenson, Possessory Estates and Future Interests in Iowa, 36 Iowa Code Ann. 73, 79-83 (1950). In addition I think the limitation is invalid under the circumstances of this case, as the trial court held; Carl and Algene were husband and wife at all times material to this case. Restatement of Property § 427 (1936).
Carl’s deed to defendants, growing out of the family settlement, was valid so far as his ownership of the land was concerned, but Algene did not execute the deed or otherwise release her dower. She is entitled to dower and I therefore concur in the result.
McCORMICK, J., concurs in this special concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9738650. Public record. Not legal advice.