Conger v. Cook
Supreme Court of Iowa
Appeal from Adai/r Circuit Court. The plaintiff, as administrator of the estate of diaries Wilshire, deceased, filed a petition in the Circuit Court of Adair county, praying for an order for the sale of real estate, averring, in substance,'that the personal property is inadequate to pay the debts and expenses of the administration. The petition showed that the plaintiff was appointed administrator Dec. 12, 1878, and gave notice of his appointment in the same month.
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Appeal from Adai/r Circuit Court. The plaintiff, as administrator of the estate of diaries Wilshire, deceased, filed a petition in the Circuit Court of Adair county, praying for an order for the sale of real estate, averring, in substance,'that the personal property is inadequate to pay the debts and expenses of the administration. The petition showed that the plaintiff was appointed administrator Dec. 12, 1878, and gave notice of his appointment in the same month. The petition was filed June 11, 1880. It showed that the deceased died intestate, leaving as his widow -Ina M. Wilshire, now Ina…
1Opinion of the Court
Adams, Ch. J.
1. ADMINIS-TKATon: petition to tate*timls' oí filing. The petition was. filed about one year and five months after completed publication of notice of administration. The defendant Wilshire demurred up- . on the ground that it appeared that the applicao » 11 A -1 *ion was barred by lapse of time.
It no£ claimed that there is any statute limiting the time of making an application for the sale of real estate, for the payment of claims, by an administrator, but it is contended that, on principle, the application ought to be denied unless made before the expiration of the time allowed…
2Cases cited1 opinion
- McCrary v. TaskerSupreme Court of Iowa · 1875
3Cited by10 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Corbin v. McAllisterSupreme Court of Iowa · 1909
- Hadley v. GregorySupreme Court of Iowa · 1881
- Milburn v. EastSupreme Court of Iowa · 1905
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