Hatcher v. Farber
Supreme Court of Iowa
Appeal from Marshall District Court. — James W. Willett, Judge. This was an action in probate for the allowance of a claim in favor of the estate of Mary L. Bradford, deceased, and against the estate of C. J. Hoyt, deceased. The amount claimed was $4,000 and interest, and that amount was allowed. The case was tried to the court, without a jury. The administrator appeals. —
1Opinion of the CourtPreston, J.
The claim was based upon the following allegations, substantially: That C. J. Hoyt, during his lifetime, purchased for Mary L. Bradford certain real estate; that said Mary L. Bradford furnished the money to make said purchase, and C. J. Hoyt took the title in his own name; that subsequently said C. J. Hoyt sold or traded said real estate for $4,000.
It is undisputed that the rights of third parties have intervened so as to prevent an enforcement of the trust in the specific property. A money allowance and order of payment and establishing the claim against the estate was therefore had.
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2Cases cited10 opinions
- Acker v. PriestSupreme Court of Iowa · 1894
- State v. MaddenSupreme Court of Iowa · 1914
- Reynolds v. SumnerIllinois Supreme Court · 1888
- Romp v. MahinSupreme Court of Iowa · 1913
- Parker v. CatronCourt of Appeals of Kentucky · 1905
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3Cited by9 opinions
- Crouch v. National Livestock Remedy Co.Supreme Court of Iowa · 1928
- Lende v. FergusonSupreme Court of Iowa · 1946
- Floy v. HibbardSupreme Court of Iowa · 1939
- In Re Estate of Michael FiliSupreme Court of Iowa · 1949
- State v. HelgersonSupreme Court of Iowa · 1956
4 more not listed; retrieve them via the Exa API.