Gorrell v. Gates
Supreme Court of Iowa
Appeal from Jasper District Court. — Hon. David Ryan, Judge. Action in equity to discover and subject property to the payment of certain judgments. The court below sustained a motion to strike from the petition and for a more specific statement. Plaintiffs refused to amend, and the court dismissed their cause of action, and rendered judgment in favor of defendants for costs. The plaintiffs appeal.
1Opinion of the CourtRobinson, J.
The averments of the petition material for our consideration are in substance as follows: E. N. Gates, by his last will, including codicils, provided that the larger part of his estate should be divided equally between his wife, Sarah E. Gates, and his sons, Sumner E. Gates, A. O. Gates and Lorin A. Gates, all of whom are parties defendant. Sumner was appointed executor of the will, and was directed to sell all the property of the testator within a specified time after his death, and not to allow any considerable amount of money to remain in his hands undivided, but that he should divide it,…
2Cases cited3 opinions
- Clarkson v. De PeysterNew York Court of Chancery · 1831
- Gates v. BoomerWisconsin Supreme Court · 1863
- Myers v. FennSupreme Court of the United States · 1867
3Cited by5 opinions
- Faiver v. GillmanSupreme Court of Iowa · 1892
- First State Bank v. OelkeSupreme Court of Iowa · 1910
- Miller v. Hawkeye Gold Dredging Co.Supreme Court of Iowa · 1912
- Gamet & Ogden v. SimmonsSupreme Court of Iowa · 1897
- Duggleby v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1932