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Mrs. Mary Fahnestock died without a will after the death of her father, leaving her husband surviving, but no issue, and also owning land in Iowa. My opinion is asked as to how, or to whom, this land descends. I have to judge by the Iowa laws, as I find them in the State House here in Illinois. In the "Code of Iowa" enacted in 1857, on page 214 I find Sec "1410. If the intestate leave no issue the one half of his estate (including the dower of his wife) shall go to his father, and the other half to his wife, and if he leave no wife nor issue the whole shall go to his father". Sec. "1411. If his father be previously dead, the portion which would have fallen to his share by the above [illegible] shall be disposed of in the same manner as though he had outlived the intested and died in the possession and ownership of the portion thus falling to his [illegible] [illegible]" Again on page 215 Sec. 1421. All the provisions hereinbefore made in relation to the widow of a deceased husband shall be applicable to the husband of a deceased wife. Each is entitled to the same rights of dower in the estate of the other and like interests shall in the same manner descend to then respective heirs. The estate by courtesy is hereby abolished. The above Sec 1421, was, in 1853 so amended as to read. Sec "1421. All the provisions hereinbefore made in relation to the widow of a deceased husband shall (over)
be applicable to the husband of a deceased wife. The estate by courtesy is hereby abolished". So far as I have the opportunity I have examined the decisions of the Supreme court of Iowa and find nothing in them on the question nor do I find any other statutory [alteration?]. I therefore think one half of the land goes to Mrs. Fahnestock's husband and the other half to her father's heirs. The Iowa Statutes and Supreme Court decisions will probably be found at Harrisburg Pa. I will add that it would be prudent to get the opinion of a good lawyer in Iowa, being careful to state to him correctly the facts of the case particularly that Mrs. F. died without children Springfield, July 20 1857 A. Lincoln