Linton v. Crosby
Supreme Court of Iowa
Appeal from Clayton Circuit Court. The plaintiff, Mary Ami Linton, as widow of tbe defendant’s testate, applied for an order of probate directing the defendant, as executor, to pay her her distributive share in tlie personalty belonging to tbe estate. ■ Upon bearing, the court made an order that tbe defendant pay the plaintiff tbe sum of $500 as part of her distributive share of tbe personalty, expressly providing that the order .was not to be regarded as fixing the amount…
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Appeal from Clayton Circuit Court. The plaintiff, Mary Ami Linton, as widow of tbe defendant’s testate, applied for an order of probate directing the defendant, as executor, to pay her her distributive share in tlie personalty belonging to tbe estate. ■ Upon bearing, the court made an order that tbe defendant pay the plaintiff tbe sum of $500 as part of her distributive share of tbe personalty, expressly providing that the order .was not to be regarded as fixing the amount of her distributive share, and was not to prejudice a future application for any balance that might be found due. Both…
1Opinion of the CourtAdams, J.
J ESTATES of decedents: WKlOW’S share of perFenímrtof'“ .interest on. — -I. We do not understand the defendant aa ■contending that the court erred in respect to the amount which he was ordered to pay the plaintiff, provil •/ x l ded she is entitled to anything. The only ques- ' " " ° . " ■*■ tion in respect to the amount (provided the plaint-is entitled to anything), appears to be raised py plaintiff. She contends that the court, instead of remitting her to a future application for whatever *403balance may be clue, should have proceeded to ascertain what her full share is, and should have ordered…
2Cases cited2 opinions
- Ward v. WolfSupreme Court of Iowa · 1881
- In re Estate of DavisSupreme Court of Iowa · 1872
3Cited by6 opinions
- Tolley v. PoteetWest Virginia Supreme Court · 1907
- Vosburg v. MallorySupreme Court of Iowa · 1912
- Matson v. PoncinSupreme Court of Iowa · 1911
- In re Estate of LyonSupreme Court of Iowa · 1886
- May v. JonesSupreme Court of Iowa · 1893
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