Legal Opinion

Kelley v. Wilson

Supreme Court of Iowa

Decided March 16, 1910PublishedCited by 18 opinions

Appeal from Keolcuh District Court. — Hon. B. W. Preston, Judge. F. Emma Skillman died testate and childless July 27, 1907, but left surviving her a husband, E. H. Skillman By the’terms of the will, she directed the payment of all just debts, and left one-third of two lots and all other property save her household goods to her husband, two-thirds of the lots and said household goods to her sister Mary E. Springer, and the residue of the estate to said Mary E. Springer and…

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Appeal from Keolcuh District Court. — Hon. B. W. Preston, Judge. F. Emma Skillman died testate and childless July 27, 1907, but left surviving her a husband, E. H. Skillman By the’terms of the will, she directed the payment of all just debts, and left one-third of two lots and all other property save her household goods to her husband, two-thirds of the lots and said household goods to her sister Mary E. Springer, and the residue of the estate to said Mary E. Springer and another sister, Eva L. Wilson. The will was admitted to probate and executors appointed and qualified. The husband, E. H.…

1Opinion of the CourtLadd, J.

Both husband and wife are dead, the latter first having departed this life, and the sole question presented on this appeal is whether, assuming the estate left by each to be ample to satisfy all claims for the expenses of last sickness and funeral, of the wife, the husband in his lifetime, or the administrator of his estate, may have established in his favor the amount of such expenses as a contingent claim against the estate of the wife. Section 3343 of the Code authorizes the establishment of a contingent liability against the estate of a deceased person, and plaintiff contends that this…

2Cases cited12 opinions

  1. Patterson v. . PattersonNew York Court of Appeals · 1875
  2. Weld v. WalkerMassachusetts Supreme Judicial Court · 1881
  3. Constantinides v. WalshMassachusetts Supreme Judicial Court · 1888
  4. In re Estate of WeringerCalifornia Supreme Court · 1893
  5. Carpenter v. HazelriggCourt of Appeals of Kentucky · 1898

7 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Goldberg v. ZellnerTexas Commission of Appeals · 1921
  2. Ege v. BornSupreme Court of Iowa · 1931
  3. Bowen v. . DaughertySupreme Court of North Carolina · 1915
  4. Hall v. StewartSupreme Court of Virginia · 1923
  5. Tulsa Professional Collection Services, Inc. v. PopeSupreme Court of Oklahoma · 1986

13 more not listed; retrieve them via the Exa API.

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