Boyle ex rel. Shauhnessy v. Boyle
Supreme Court of Iowa
Appeal from Greene District Court.— HoN. Z. A. Church, Judge. Application to have order discharging the administra-trix of John Boyle, deceased, set aside, and a claim for services alleged to have been rendered by Charles A. Boyle allowed as a /claim against the estate. A demurrer to the petition was sustained, andj as the plaintiff elected to stand on the ruling, judgment of dismissal was-entered. The plaintiff appeals.—
1Opinion of the Court
Ladd, J.—
John Boyle died May 16, 1902, and Catherine, his widow, was appointed administratrix of his estate *168three clays later. Notice of her appointment was first published on the 22d of the same month. No claim having been presented or filed, .she was discharged on the 10th day of June, 1903; tiróse interested having consented thereto. On the 4th day of August following, the plaintiff, Charles A. Bole, by his next friend, filed his petition, alleging the foregoing facts, and asserting his minority and the want of notice as peculiar circumstances entitling, him to equitable relief from the…
2Cases cited7 opinions
- Vance v. VanceSupreme Court of the United States · 1883
- Cone v. DunhamSupreme Court of Connecticut · 1890
- Morgan v. HamletSupreme Court of the United States · 1885
- Cochran v. YoungSupreme Court of Pennsylvania · 1883
- Smith v. SmithsonSupreme Court of Arkansas · 1886
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3Cited by10 opinions
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- Kueschel v. Estate of BocherWisconsin Supreme Court · 1946
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- Northwestern Land & Investment Co. v. OstremSupreme Court of Iowa · 1924
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