Doogan v. Elliott
Supreme Court of Iowa
Appeal from Jasper Circuit Court. The petition in substance alleges that on the 10th day of February, 1863, the defendant was duly appointed by the probate court executor of the estate of Thomas Doogan, deceased, and that, as such executor, he received a large amount of money and property belonging to the estate, of which, after paying all claims against the estate, there remained for distribution the sum of $1019.28; that Thomas Doogan made a will, containing the following…
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Appeal from Jasper Circuit Court. The petition in substance alleges that on the 10th day of February, 1863, the defendant was duly appointed by the probate court executor of the estate of Thomas Doogan, deceased, and that, as such executor, he received a large amount of money and property belonging to the estate, of which, after paying all claims against the estate, there remained for distribution the sum of $1019.28; that Thomas Doogan made a will, containing the following bequest: “I give and bequeath to Patrick Doogan, my brother, one-fourth of my estate at my death, residence not known.…
1Opinion of the CourtDay, J.
1. executor : uaMutyí6 oí' In Wright & Co. v. Harris, 31 Iowa, 272, it was by an executor upon claims filed and allowed against the estate, and that for a failure to pay the same, over to the parties entitled thereto, he and his sureties would be liable upon their bond. In that case Harris, in his official capacity as county judge, received of the executrix of an estate $217, in payment of á claim due Wright & Co. from the estate. While the money was in his hands he made a final settlement with' the administratrix, and ordered her to be discharged. Upon the expiration of his term of office he…
2Cases cited1 opinion
- Wright & Co. v. HarrisSupreme Court of Iowa · 1871
3Cited by4 opinions
- Wheeler v. BarkerNebraska Supreme Court · 1897
- Walters-Cates v. WilkinsonSupreme Court of Iowa · 1894
- Prudential Insurance Co. of America v. HartSupreme Court of Iowa · 1928
- In Re Estate of NairnSupreme Court of Iowa · 1929