In re the Estate of Wearin
Supreme Court of Iowa
Appeal from Mills District Court. — Hon. O. D. Wheeler, Judge. ■ Action tried by agreement as in equity to determine the ownership of two certificates of deposit. The widow had possession of the certificates, which were properly indorsed in blank by the person to whom they were payable.
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Appeal from Mills District Court. — Hon. O. D. Wheeler, Judge. ■ Action tried by agreement as in equity to determine the ownership of two certificates of deposit. The widow had possession of the certificates, which were properly indorsed in blank by the person to whom they were payable. The trial court refused to order the widow to turn the certificates over to the administrator; holding that the evidence did not overcome the presumption arising from the indorsement and the possession. Petitioner, Mary Jones, appeals.
1Opinion of the CourtPreston, J.
Mary Jones, one of the heirs of Harry Wearin, deceased, for herself and the other heirs, filed her application for order, stating, in substance, that prior to the death of Harry Wearin he was possessed of and owned two certificates of deposit; that the widow, Mamie Wearin, obtained possession of said certificates a few hours before the death of deceased, and at a time when he was wholly incompetent to transact business; and that the purpose and intent of the widow in obtaining said certificates was to deprive the children of deceased, his heirs, of their interest therein, and ashed that, upon…
2Cases cited16 opinions
- Beaver v. . BeaverNew York Court of Appeals · 1889
- Title Insurance Etc. Co. v. IngersollCalifornia Supreme Court · 1908
- Tucker v. TuckerSupreme Court of Iowa · 1908
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Campbell v. CollinsSupreme Court of Iowa · 1907
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3Cited by7 opinions
- Wells v. WildinSupreme Court of Iowa · 1938
- Van Horn v. StockhamSupreme Court of Iowa · 1922
- Miller v. WilliamsSupreme Court of Iowa · 1923
- In Re Estate of CheneySupreme Court of Iowa · 1937
- United States v. Harry Schroeder, Amanda Schroeder, Richard Schroeder and Jacqueline l.schroederCourt of Appeals for the Eighth Circuit · 1965
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