Abegg v. Hirst
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. M. A. Roberts, Judge. The plaintiff William Abegg, as administrator of the estate of William Hirst, deceased, reported as the property of the estate a one-half interest in a note ,and mortgage, which had been purchased with decedent’s money during his lifetime, and assigned in writing to “William and Jane Hirst,” who were the decedent and his wife, then living.
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Appeal from Wapello District Court. — Hon. M. A. Roberts, Judge. The plaintiff William Abegg, as administrator of the estate of William Hirst, deceased, reported as the property of the estate a one-half interest in a note ,and mortgage, which had been purchased with decedent’s money during his lifetime, and assigned in writing to “William and Jane Hirst,” who were the decedent and his wife, then living. Defendants, as heirs of William Hirst, objected to this report, on the ground that no interest passed to Jane Hirst by this assignment, and that her estate (on her death after the death of her…
1Opinion of the CourtMcClain, J.
It appears without conflict in the evidence that William Hirst, during his lifetime, purchased from William Abegg, his banker, who is now administrator of his estate, a note and mortgage of one McMillen for $2,862, and that by the direction of Hirst this note and mortgage were by Abegg formally assigned “to William and Jane Hirst.” The money paid for the note and mortgage *198was the money of William Hirst, and the assignment was made in this form because, as William Hirst stated to Abegg, “That is what we have to live on.” The note and mortgage, with this assignment indorsed thereon, were…
2Cases cited8 opinions
- Sanford v. . SanfordNew York Court of Appeals · 1871
- Newton & Seeley v. BealerSupreme Court of Iowa · 1875
- Arrington v. . ArringtonSupreme Court of North Carolina · 1894
- In re the Estate of BrownSupreme Court of Iowa · 1901
- McElroy v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- O'Brien v. BieggerSupreme Court of Iowa · 1943
- In Re Estate of WinklerSupreme Court of Iowa · 1942
- In Re Estate of MurraySupreme Court of Iowa · 1945
- Lathrop v. KnoopSupreme Court of Iowa · 1926
- Williams v. MonzingoSupreme Court of Iowa · 1944
18 more not listed; retrieve them via the Exa API.