Legal Opinion

Estate of Allen v. Allen

Supreme Court of Iowa

Decided February 5, 1902PublishedCited by 4 opinions

Appeal from Emmet District Court. — Hon. W. B. Quarton, Judge. This is a claim against an estate founded on a written ■agreement, wbicb is resisted on the ground that nothing is >due thereon.

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Appeal from Emmet District Court. — Hon. W. B. Quarton, Judge. This is a claim against an estate founded on a written ■agreement, wbicb is resisted on the ground that nothing is >due thereon. The case -was tried to the court, — a jury being waived, — and there was a judgment in plaintiffs-favor, establishing her claim in the sum of $1,175.10; being: 6 per cent, on the sum of $2,075 from the date of said contract less the payments indorsed thereon and an additional credit of $30 allowed by the court. Defendant appeals—

1Opinion of the Court

Waterman, J. —

Frank E. Allen died in Emmet county-in the year 1899, leaving a will, by the terms of which his-whole estate was devised to his wife, the defendant herein. She was also appointed sole executrix. On July 20, 1899, plaintiff filed her claim against said estate as follows:

“July 11, 1899. The Estate of E. E. Allen, Deceased,, to Nancy Allen, Dr.: 1899, July 1. Interest due of contract of E. E. Allen with J. 0. and Nancy Allen (copy attached)to this date. To accruing interest as stipulated in contract, $1,153.32.” (Duly verified by Nancy Allen.)

This claim was based upon the following…

2Cases cited10 opinions

  1. Allen v. RightmereNew York Supreme Court · 1823
  2. Hunt v. DivineIllinois Supreme Court · 1865
  3. Field v. SchricherSupreme Court of Iowa · 1862
  4. Cole v. EdwardsSupreme Court of Iowa · 1895
  5. Shuler v. DuttonSupreme Court of Iowa · 1888

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3Cited by4 opinions

  1. Dean v. Iowa-Des Moines National Bank & Trust Co.Supreme Court of Iowa · 1938
  2. Rapp v. H. Linebarger & SonSupreme Court of Iowa · 1910
  3. Ober v. SeegmillerSupreme Court of Iowa · 1916
  4. Duhamel v. Port Angeles Stone Co.Washington Supreme Court · 1910

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