Allen v. Seaward
Supreme Court of Iowa
Appeal from Jackson District Court. — Hon. Wm. F. Brannan? Judge. This is an appeal from an order sustaining a demurrer to a petition for a retaxation of costs in a contest as to the validity of an instrument purporting to be the last will and testament of Juliette Carman, deceased. The effect of the decision of the district court was that the costs were properly taxed to the estate of Juliette Carman.
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Appeal from Jackson District Court. — Hon. Wm. F. Brannan? Judge. This is an appeal from an order sustaining a demurrer to a petition for a retaxation of costs in a contest as to the validity of an instrument purporting to be the last will and testament of Juliette Carman, deceased. The effect of the decision of the district court was that the costs were properly taxed to the estate of Juliette Carman. The plaintiffs,.who are executors of the estate, claim that the costs should be taxed to Maria J. Seaward, who was unsuccessful in the case in which the costs accrued. ' The plaintiffs appeal.
1Opinion of the CourtRothrock, J.
The appeal in this ease stands upon a petition for rehearing. An opinion was filed affirming the judgment of the district court, and the cause was again argued upon a rehearing, and, upon a review of the whole record, we have arrived at a different conclusion from that announced upon the original sub-, mission.
Juliette Carman made and executed what purported to be her last will and testament on the twenty-fifth day of April, 1887. The instrument was prepared by Hon. John Hilsinger, at Sabula. At the request of. Mrs. Carman, the will was deposited in the safe of Hilsinger, to be kept by him…
2Cases cited5 opinions
- Meeker v. MeekerSupreme Court of Iowa · 1888
- Koppenhaffer v. IsaacsSupreme Court of Pennsylvania · 1838
- Gibson v. Van SyckleMichigan Supreme Court · 1882
- Seaward v. CarmanSupreme Court of Iowa · 1889
- Piper v. HeatheringtonMississippi Supreme Court · 1856
3Cited by15 opinions
- Re Faling EstateOregon Supreme Court · 1924
- Dorris v. MillerSupreme Court of Iowa · 1898
- In re Estate of SmithSupreme Court of Iowa · 1914
- In Re Law's EstateSupreme Court of Iowa · 1962
- In re the Estate of BerrySupreme Court of Iowa · 1912
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