This lot is closed for bidding. Bidding ended on 5/29/2026
Abraham Lincoln autograph legal manuscript signed, a very lengthy document spanning two legal pages with almost 400 words in Lincoln's hand and signed ''A. Lincoln'' at the conclusion.
In this document, Lincoln gives his legal judgement concerning the estate of an Illinois woman who also owned property in Iowa. His careful research and analysis of Iowa law is explained, with his ultimate decision described at the conclusion and also the caveat to ''get the opinion of a good lawyer in Iowa''. Interesting document showing Lincoln's legal mind in action reads in full:
''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 1851, 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 leaves 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 rules shall be disposed of in the same manner as though he had out-lived the intestate, and died in the possession and ownership of the portion thus falling to his share etc'.
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 their 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''.
Two page document on a single sheet of ruled paper measures 7.75'' x 12.25''. Browning along folds, otherwise near fine condition with bold handwriting by Lincoln. One of the lengthiest documents entirely in Lincoln's hand that we've encountered.