Heirs of Reynolds v. Miller
Supreme Court of Iowa
Appeal from Lee District Court. This cause was before this court in 1858 (6 Iowa, 459). Miller was appointed by tbe County Court of Lee County administrator of tbe estate of Otis Reynolds. The heirs of Reynolds and others interested applied to the District Court for the allowance of an appeal, after the expiration of thirty days, under § 134 of the Code. ' A demurrer to the petition was sustained, and on the former appeal this ruling was reversed.
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Appeal from Lee District Court. This cause was before this court in 1858 (6 Iowa, 459). Miller was appointed by tbe County Court of Lee County administrator of tbe estate of Otis Reynolds. The heirs of Reynolds and others interested applied to the District Court for the allowance of an appeal, after the expiration of thirty days, under § 134 of the Code. ' A demurrer to the petition was sustained, and on the former appeal this ruling was reversed. When the cause was remanded, the appeal was allowed, and the whole cause was heard upon the merits. The order granting the letters was reversed,…
1Opinion of the CourtWright, J.
Counsel for appellant present two questions: 1. Was it error in the District Court to grant an appeal on the ex parte petition and affidavit of plaintiffs? 2. Did the court below, upon the whole merits of the case, err in reversing the action of the county court? The second inquiry will first receive attention. ■
Upon the hearing a large amount of documentary and oral testimony was received. Several questions of fact as well as of law were closely and strongly contested. Thus it was deemed important to ascertain whether the ancestor left property within this state subject to administration— *99•wh…
2Cases cited2 opinions
- Warner v. PaceSupreme Court of Iowa · 1860
- Reynolds v. MillerSupreme Court of Iowa · 1858
3Cited by2 opinions
- Burns v. KeasSupreme Court of Iowa · 1865
- Drahos v. KopeskySupreme Court of Iowa · 1906