Barto v. Harrison
Supreme Court of Iowa
Appeal from Jones District Court.— Hon. W. N. Treichler, Judge. The estate of Moses Barto was settled and the administrator discharged. Some time thereafter Nancy J. Harrison, a daughter by his first wife, ascertained that prior to his death he had deposited $4,850, with the defendant C. W. Murfield, August 3, 1904, and that this had not been administered, procured the order closing the estate to be set aside and herself appointed administratrix de bonis non.
Read the full summary
Appeal from Jones District Court.— Hon. W. N. Treichler, Judge. The estate of Moses Barto was settled and the administrator discharged. Some time thereafter Nancy J. Harrison, a daughter by his first wife, ascertained that prior to his death he had deposited $4,850, with the defendant C. W. Murfield, August 3, 1904, and that this had not been administered, procured the order closing the estate to be set aside and herself appointed administratrix de bonis non. Prior to this, but subsequent to the death of the intestate, Murfield had paid Emery Barto, a son of deceased’s second wife, $1,850 of…
1Opinion of the Court
Ladd, O. J.
i Parties-admimstrators. The deceased left the $3,000 in controversy in the hands of Murfleld, against whom this action was brought by plaintiff on the theory that it was put there for Mm. Mur field admitted that the money was g0 ie£^ an¿ averring that he had been ordered to pay the money over to the administratrix, prayed that he be protected as between these conflicting claims. The administratrix was brought in as a party defendant on the order of the court, and now insists that this was error, for that the case was not. one appropriate for such an order. Counsel for appellant…
2Cases cited12 opinions
- Mallow v. WalkerSupreme Court of Iowa · 1901
- Campbell v. CollinsSupreme Court of Iowa · 1907
- Hoyt v. GougeSupreme Court of Iowa · 1904
- Erusha v. TomashSupreme Court of Iowa · 1896
- Smyth v. SmythSupreme Court of Iowa · 1868
7 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Koerber v. Superior CourtCalifornia Court of Appeal · 1922
- Stevens v. Peoples Savings BankSupreme Court of Iowa · 1919
- Farmers' State Bank v. Herman Schultz EstateSupreme Court of Iowa · 1923
- In re Estate of ParkerSupreme Court of Iowa · 1920
- In Re Will of FishSupreme Court of Iowa · 1935
12 more not listed; retrieve them via the Exa API.