Flanigan v. Kimball
Supreme Court of Iowa
Appeal from Dubuque District Court. — Hon. John W. Kintzingker, Judge. Action by the holders of a claim against the estate of N. "W. Kimball, deceased, to set aside an order approving the final report of the executor and ordering his discharge. Defendant demurred to the petition and his demurrer was sustained. Claimant appeals.
1Opinion of the CourtDeemer, J.
As the demurrer to the petition was sustained, the facts recited therein are admitted, and, even though the allegations be general, no motion having been made for a more specific statement, they must be accepted as true. It appears that defendant, Elliott Kimball, was appointed executor of the last will and testament of N. W. Kimball, deceased, on the 19th day of June, 1909. He gave notice of his appointment by publishing the statutory notice, the first of which publications was on the 3d day of July of the same year. He did not qualify until December 3, 1909, but on June 18, 1910, filed his…
2Cases cited3 opinions
- Boyle ex rel. Shauhnessy v. BoyleSupreme Court of Iowa · 1904
- Widner v. WilcoxSupreme Court of Iowa · 1906
- Alice E. Mining Co. v. BlandenU.S. Circuit Court for the District of Northern Iowa · 1905
3Cited by1 opinion
- St. Paul Mercury Indemnity Co. v. NyceSupreme Court of Iowa · 1950