Duffy v. Duffy
Supreme Court of Iowa
Appeal from Allamakee District Court.- — Hon. A. N. Hob-son, Judge. Plaintiff states as her cause of action, in substance, as follows: That J. E. Duffy is administrator of the estate of Henry Y. Duffy, deceased, who died intestate April 27, 1897; that plaintiff was the lawful wife of said Henry Y. Duffy at the time of his death, and- is now his lawful 1 widow; that as the result of said marriage there was ¡born to them on the eleventh day of June, 1897, a daughter, Mary…
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Appeal from Allamakee District Court.- — Hon. A. N. Hob-son, Judge. Plaintiff states as her cause of action, in substance, as follows: That J. E. Duffy is administrator of the estate of Henry Y. Duffy, deceased, who died intestate April 27, 1897; that plaintiff was the lawful wife of said Henry Y. Duffy at the time of his death, and- is now his lawful 1 widow; that as the result of said marriage there was ¡born to them on the eleventh day of June, 1897, a daughter, Mary Elizabeth Duffy; that said child died on the fourth day of July, 1897, and that plaintiff is the administrator of her…
1Opinion of the CourtGiven, C. J.
2 I. Appellant’s first complaint is against the ruling of the court sustaining the motion to transfer the case and refusing her trial by jury. Plaintiff does not ask a money judgment, but an order upon the defendant administrator as to the distribution of the assets of the estate. If the court had found for the plaintiff as to the proceeds of the life insurance or other assets either as widow or as heir at law of the deceased child, it could only have made an order as to the distribution to be made. Jurisdiction to do this is exclusively in the probate court. Code, sections 225, 3261, 3265.…
2Cases cited3 opinions
- Reed v. LaneSupreme Court of Iowa · 1895
- Gilruth v. GilruthSupreme Court of Iowa · 1875
- Hutton v. LawsSupreme Court of Iowa · 1881
3Cited by15 opinions
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- In Re Estate of FerrisSupreme Court of Iowa · 1944
- Packer v. OvertonSupreme Court of Iowa · 1925
- Anderson v. MeierSupreme Court of Iowa · 1939
- First Methodist Episcopal Church v. HullSupreme Court of Iowa · 1938
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