Baldridge v. Evans
Supreme Court of Iowa
Appeal from Davis District Court. — Seneca Cornell, Judge. The question here is whether, where one has intermeddled in an estate left in Kansas, by taking possession of its property and dealing with it as an administrator might, he can, upon making appearance in an Iowa court, be compelled, the rights of creditors not interfering, to account to the heirs for their share in such estate. The trial court held that this might not be done; hence this appeal.
1Opinion of the CourtSalinger, J.
1. Executors AND ADMINISTRATORS : executors de son tort: accounting in foreign state. I. It is confessed by the demurrer of appellee that his wife and the mother of interveners and appellants died in Kansas and left an estate there; that no administration was ever had; that appellee took charge of the estate, paid debts, and in general did what an administrator may do; that there are no creditors; and that he has in his hands money derived from said estate to which interveners are entitled, unless the fact that there has been no administration and the time for having it has not lapsed, is a…
2Cases cited28 opinions
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Laughlin v. SolomonSupreme Court of Pennsylvania · 1897
- In re Estate of AckenSupreme Court of Iowa · 1909
- MacGregor v. MacGregorSupreme Court of Iowa · 1859
- Murphy v. MurphySupreme Court of Iowa · 1890
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3Cited by3 opinions
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- Baadte v. WalgenbachSupreme Court of Iowa · 1919
- Hoffman v. HoffmanSupreme Court of Iowa · 1928