Legal Opinion

In Re Estate of Michael Fili

Supreme Court of Iowa

Decided December 13, 1949No. 47527PublishedCited by 7 opinions

1Opinion of the CourtSmith, J.

— The important questions here concern the extent, if any, to which claimant was disqualified as a witness under the “dead man’s statute,” section 622.4, Code, 1946. The proceeding was based on her claim for services allegedly rendered by her, mistakenly believing she was decedent’s legal wife. The claim was resisted by the administrator of decedent’s estate (Joseph Fili, his son) and by the intervenor-guardian of decedent’s incompetent widow, Ruth Fili. It does not appear, however, that the widow is financially interested in the proceedings.

The answer admitted there was a purported marriage…

2Cases cited28 opinions

  1. Cooper v. CooperMassachusetts Supreme Judicial Court · 1888
  2. In Re Estate of NewsonSupreme Court of Iowa · 1928
  3. Kirsher v. KirsherSupreme Court of Iowa · 1903
  4. In Re Estate of ConnerSupreme Court of Iowa · 1948
  5. Higgins v. BreenSupreme Court of Missouri · 1845

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3Cited by7 opinions

  1. Carlson v. Bankers Trust Co.Supreme Court of Iowa · 1951
  2. Slocum v. HammondSupreme Court of Iowa · 1984
  3. Universal CIT Credit Corporation v. JonesSupreme Court of Iowa · 1975
  4. Solbrack v. FosselmanSupreme Court of Iowa · 1973
  5. Kerndt v. Kerndt-ZirbesSupreme Court of Iowa · 1960

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