Bowen v. Evans
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. The defendants are executors of the last will and testament of B. Bowen, deceased. The plaintiff filed a claim against the estate of said Bowen for boarding him for several years prior to his death. This claim amounted to some $2,700. The defendants set up, as an offset against said claim, certain promissory notes held by the deceased against the plaintiff.
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Appeal from Appanoose Circuit Court. The defendants are executors of the last will and testament of B. Bowen, deceased. The plaintiff filed a claim against the estate of said Bowen for boarding him for several years prior to his death. This claim amounted to some $2,700. The defendants set up, as an offset against said claim, certain promissory notes held by the deceased against the plaintiff. There was a trial by the court without a jury, and the claim of plaintiff was allowed, with interest. The notes were also allowed as counter-claims, and a balance of $1,243.36 was found to be due from…
1Opinion of the CourtRothrogk, J.
The deceased left an estate of not less than $140,000. It consisted of moneys and credits, chattel prop-1» ESTATES Of decedents: general legacy: nayment of legatee’s estate0- interest. erty and land. By the last will and testament ** ** the plaintiff was bequeathed three-fourths of one-sixth of the whole estate. This legacy far <= J exceeded the plaintiff’s indebtedness to the estate, This indebtedness, however, was evidenced by promissory notes, which drew interest. In settling the rights of the parties, the court below held that the legacy to plaintiff vested in him at once upon the death…
2Cases cited1 opinion
- Moore v. GordonSupreme Court of Iowa · 1867
3Cited by11 opinions
- Winkler v. LietmanSupreme Court of Missouri · 1899
- Reichard v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1942
- In Re Estate of MikkelsenSupreme Court of Iowa · 1926
- Senneff v. BrackeySupreme Court of Iowa · 1914
- In re the Estate of GoldthorpSupreme Court of Iowa · 1895
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