Crispin v. Winkleman
Supreme Court of Iowa
Appeal from Mahaska Circuit Court. The plaiutiff, as administratrix of the estate of John Winkle-man, Jr., deceased, brings this action to recover of the defendant the value of certain personal property, of which it is alleged that the decedent died seizdd, and which it is alleged that the defendant has wrongfully taken and holds, under a claim of right. ^ ' The defendant admits that he claims the right to hold the property and avers that he has such right by reason of a…
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Appeal from Mahaska Circuit Court. The plaiutiff, as administratrix of the estate of John Winkle-man, Jr., deceased, brings this action to recover of the defendant the value of certain personal property, of which it is alleged that the decedent died seizdd, and which it is alleged that the defendant has wrongfully taken and holds, under a claim of right. ^ ' The defendant admits that he claims the right to hold the property and avers that he has such right by reason of a nuncupative will, and also by a parol agreement, entered into between him and the decedent, whereby he became a trustee of…
1Opinion of the Court
Adams, Ch. J.
I. No will was probated and the allegations of the answer in regard to it were stricken out. The defendant relies upon an agreement whereby, as he alleges, he was made trustee of the property.
V testamensition fmnst l’ngTruíé6 The decedent died seized of a small property, and owed a few debts. The defendant, his father, took care of him in his lask sickness, which appears to have been a protracted one, and undertook to transact for him such little business as he had to do. The decedent appears to have had full confidence in his father, and he put all, or nearly all, his property…
2Cases cited1 opinion
- Portman v. KlemishSupreme Court of Iowa · 1880
3Cited by10 opinions
- Furenes v. EideSupreme Court of Iowa · 1899
- Louthan v. JohnsonSupreme Court of Oklahoma · 1925
- Pyle v. EastSupreme Court of Iowa · 1915
- Meyer v. StortenbeckerSupreme Court of Iowa · 1917
- Blake v. RobinsonSupreme Court of Iowa · 1905
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