Perry v. Drury
Supreme Court of Iowa
Appeal from Scott Circmt Court. The plaintiffs, who are legatees under the will of Mrs. Clarissa 0. Cook, deceased, filed their petition in the Circuit Court of Scott county, sitting as a court of probate, asking that the executors of the estate be required to pay over the legacies to the plaintiffs without their first giving bonds as trustees under the will.
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Appeal from Scott Circmt Court. The plaintiffs, who are legatees under the will of Mrs. Clarissa 0. Cook, deceased, filed their petition in the Circuit Court of Scott county, sitting as a court of probate, asking that the executors of the estate be required to pay over the legacies to the plaintiffs without their first giving bonds as trustees under the will. The prayer of the petition was denied and an order was entered requiring the pilaintiffs to execute bonds as prescribed by Code, § 2350, before the legacies shall be paid to them respectively. From this order William Stevens Perry,…
1Opinion of the CourtBeck, J.
I. Mrs. Clarissa C. Cook, deceased, by her last will and testament made certain bequests in the following, language: •
*61“Fourth. I give and devise to the‘‘Trustees of Funds and Donations for the Diocese of Iowa ’ the sum of twenty thousand dollars, in trust, for the following purposes: I direct the said sum of money to be safely and securely invested, and that each year or half year, as the interest may be collected, the interest shall be paid to the destitute parishes in the Diocese of Iowa. In the event that the present Diocese of Iowa shall be divided into two or more dioceses, then I direct…
2Cited by5 opinions
- Seda v. HubleSupreme Court of Iowa · 1888
- In Re Estate of M. D. FoleyNevada Supreme Court · 1898
- In re Estate of PetranekSupreme Court of Iowa · 1890
- Van Houten v. PineNew Jersey Court of Chancery · 1882
- Buchan v. . KingSupreme Court of North Carolina · 1921