DESCENT AND DISTRIBUTION--THE 'WORTHIER TITLE" DOCTRINE IN IOWA--A LIMITATION ESTABLISHED

Testator left his entire estate of less than $7,500 to his wife who had predeceased him. Defendants claimed the estate through operation of the anti-lapse statute, as heirs of the wife. As the distribution statute gave the widow of an intestate the first $7,500 of the estate, plaintiffs, heirs at law of the testator, claimed title on a basis of the "worthier title" doctrine, arguing that the widow, had she lived, would have taken by descent and not by purchase, and therefore the anti-lapse statute did not apply. On appeal from a denial of defendants' motion to transfer the proceeding to the probate court in this action to enjoin probate, held, reversed.

The mere fact that the devise happened to coincide with what the devisee would have received under the distribution statute does not bring the "worthier title" doctrine into play, and thus the "contrary intention" necessary to prevent operation of the anti-lapse statute is not present. Beem v. Beem, (Iowa 1950) 41 N.W. (2d) 107.