Kells v. Lewis
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. D. J. Lenehan, Judge. This is a proceeding in probate. The plaintiff is a creditor of the estate of John P. Conkey, deceased. The defendants are executors of said estate. The 'plaintiff filed his claim against the estate in the form of a petition for its allowance. The defendants demurred to the petition. The demurrer was sustained, and plaintiff appeals.
1Opinion of the CourtRothrock, J.
*1301 2 *1313 *129It appears from the record that the estate of John P. Conkey is insolvent. The plaintiff’s claim against the estate is founded on two promissory notes upon which said Conkey was an indorser. The claim' was not filed within six months after the first publication of the notice given by the executors of their appointment. It was filed, however, within one year of the said publication of notice. The assets of the estate are not sufficient to pay the claims filed within six months, and within what is known as the third class of claims. The statute fixing the time of the priority of claims of…
2Cases cited3 opinions
- Brewster v. KendrickSupreme Court of Iowa · 1864
- Roaf v. KnightSupreme Court of Iowa · 1889
- In re Estate of WonnSupreme Court of Iowa · 1890
3Cited by5 opinions
- Vanderpool v. VanderpoolMontana Supreme Court · 1914
- In Re Estate of HarshSupreme Court of Iowa · 1928
- Rindfleisch v. Mundt EstateSupreme Court of Iowa · 1956
- Wolfe v. KnappSupreme Court of Iowa · 1905
- Elliott v. Des Moines National BankSupreme Court of Iowa · 1929