Porter v. Porter

In Porter v. Porter, 286 N.W.2d 649 (Iowa 1979) ( McGiverin, J., dissenting), the decedent's stepson, whose status as contingent beneficiary hinged upon his mother's death, sought to take under the will even though his mother and stepfather had divorced and his mother was barred from inheriting by Iowa Code section 633.271. Looking to the testator's intent, the court applied the doctrine of gift by implication to find that, despite the divorce, the stepson was an intended beneficiary and nevertheless took under the will. Porter, 286 N.W.2d at 655.