Cummings v. Lynn
Supreme Court of Iowa
Appeal from Hardin. District Court. — HoN. W- S. Ken~ YON, Judge. On April 4, 1900, Martha. J. Lynn filed her application for appointment as administratrix of the'estate of William Dilts, in which slie alleged he was a resident of the county, llied intestate October 3, 1804, Jett no personal property save what passed into the bands of his widow, and that the object of the application was to complete the title to certain real estate left by him.
Read the full summary
Appeal from Hardin. District Court. — HoN. W- S. Ken~ YON, Judge. On April 4, 1900, Martha. J. Lynn filed her application for appointment as administratrix of the'estate of William Dilts, in which slie alleged he was a resident of the county, llied intestate October 3, 1804, Jett no personal property save what passed into the bands of his widow, and that the object of the application was to complete the title to certain real estate left by him. Letters of administration issued to her, and statutory notice was published. On August 6, 1900, Oora Oummings filed her claim of $689 for balance due…
1Opinion of the CourtLadd, J.
x. Appointment traato?‘5isuffi-StionTSm-itauon. The application for appointment as admin-istratrix was made more than five years atfer the death of decedent. It asserts no tenable ground for the issuance of letters. It negatives the existence of per- ° sona^ property, and in this respect the case is to be distinguished from Murphy v. Creighton, Iowa, 179, where this was presumed in aid of the jurisdiction of the court, and Lees v. Wetmore, 58 Iowa, 170, where the court was held to have had jurisdiction to determine deceased possessed property within the county. Nor is any equity asserted to…
2Cases cited10 opinions
- Herriott v. PotterSupreme Court of Iowa · 1902
- Lees v. WetmoreSupreme Court of Iowa · 1882
- Christe v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1898
- Murphy v. MurphySupreme Court of Iowa · 1890
- Haynes v. HarrisSupreme Court of Iowa · 1871
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ferguson v. ConnellSupreme Court of Iowa · 1930
- Kladivo v. SulekSupreme Court of Iowa · 1920
- Duhaime v. RoweSupreme Court of Iowa · 1917
- Breitenbach v. GerlachWisconsin Supreme Court · 1965