McLeary v. Doran
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon. Marcus Kavanagh, Jr., Judge. This is a proceeding in probate by which the plaintiffs, who are the heirs-at-law of Samuel Hedges, deceased, demanded the cancellation and setting aside of an order of the court by which a claim of the defendant John M. Day was allowed and established against the estate.
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Appeal from Pollc District Court. — Hon. Marcus Kavanagh, Jr., Judge. This is a proceeding in probate by which the plaintiffs, who are the heirs-at-law of Samuel Hedges, deceased, demanded the cancellation and setting aside of an order of the court by which a claim of the defendant John M. Day was allowed and established against the estate. The defendant Simon Doran is administrator of the estate of said Hedges, and the question as to the validity of the order was presented in the form of exceptions to the report of the administrator. The relief demanded was denied, and the heirs appeal.
1Opinion of the CourtRoth rock, C. J.
I. Simon Doran was appointed administrator of the estate in September, 1885. Notice of administration was given on the fourteenth day of that month. The claim of Day against the estate was filed on the eighth day of October, 1886. It was founded on a promissory note. In the statement of the claim no reference was made to the fact that it was not filed within twelve months of the giving of notice of administration, as required by section 2421 of the Code. On the ninth day of November, 1886, the administrator made a report to the court, in which it appears that the estate was then fully…
2Cases cited1 opinion
- Dessaint v. FosterSupreme Court of Iowa · 1887
3Cited by18 opinions
- Easton v. SomervilleSupreme Court of Iowa · 1900
- Ryan v. HutchinsonSupreme Court of Iowa · 1913
- King v. GoodSupreme Court of Iowa · 1928
- Soppe v. SoppeSupreme Court of Iowa · 1943
- State Savings Bank v. BrownSupreme Court of Iowa · 1928
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